ADMINISTRATION OF CHILD RIGHTS (PREGNANT MARRIAGE) ACCORDING TO A COMPILATION OF ISLAMIC LAW, MARRIAGE LAW, AND ISLAMIC LAW

Abstract

Every child born must have civil rights related to his parents and the child's rights are also the responsibility of both parents who determine the legal marriage. However, a child born without a legal relationship between his parents is called a child resulting from adultery. The discussion in this study is about the marriage problems of pregnant women and the status of the children they give birth to. This incident occurred because of promiscuity by men and women without a legal relationship. The Compilation of Islamic Law states that a pregnant marriage is said to be valid if it is a man who is the cause of the woman's pregnancy. Currently, in Marriage Law No. 1 Of 1974, there was no detailed regulation on the marriage of pregnant women. Still, it was explained that the status of an adulterous child only had a civil relationship with the mother and her mother's family. Differences in perspective lead to differences in addressing the issue of pregnant marriage and the position of civil rights for the children they give birth to. So, this study tries to uncover the problem of pregnant marriage from the perspective of the Compilation of Islamic Law, also from the point of view of Marriage Law no. 1 of 1974, as well as reviewing it from the perspective of Islamic law.