STATUS HUKUM ANAK DARI PERKAWINAN BEDA AGAMA PERSPEKTIF HUKUM ISLAM DAN HAM

Abstract

Abstract

Diversity in religion raises interfaith marriages as a debateable movement in Indonesia in general and Islam in particular. First, there are several different interpretations in the fuqaha or Islamic scholars regarding this matter influenced by several explanations given in the Holy Qur'an. Second, because Indonesia is not a secular state, the legality of marriage is regulated as long as there is a positive law that religious values apply. Problems will arise when the child has been born starting from the pattern of care until when the child is mature and capable of doing legal actions such as marriage, inheritance, and so on. This study aims to get an answer to the problem: What is the marriage law of different religions in Islam? What is the status of the child perspective of human rights? What is the position of children due to interfaith marriages? The discovery of the answer to this question is pursued by the Empirical Normative Legal Research Method. The law acts as a norm (legislation), with due regard to social reality. This research method uses a literature approach that is still relevant to the status of children born from interfaith marriages from the perspective of Islamic law and human rights.

Kayword:          Child Law, Interfaith Marriage, Islamic Law, and Human Rights.