Social Relationship of Out of Marriage Children In Islamic Law Perspective In Poso District, Poso Regency City

Abstract

This thesis deals with the social relations of children out of wedlock in the perspective of Islamic law in Poso Subdistrict, Poso Regency.So, the description is based on the problem (1) What is the Role of the Government and Related Agencies towards the protection of children out of wedlock in Poso District, Poso District City??.,(2) What is the position/status of the child out of wedlock regarding the ratification/recognition of the child's status and inheritance rights according to fiqhi, KHI and the decision of the Constitutional Court? The study used qualitative methods with data collection techniques namely observation, interviews and documentation. Data analysis techniques with data reduction, data presentation, data verification and drawing conclusions.

The results of the study: The legal status of children out of wedlock according to the Constitutional Court Decision No. 46/PUU-VIII/2010, namely that a child born out of wedlock has a civil relationship with his father and his father's family after it can be proven by science and technology and/or other evidence according to the law to have blood relations. The legal status of children out of wedlock according to the Compilation of Islamic Law is Article 100 which states that children out of wedlock are only related to their mothers, not to their biological fathers. KUA Perspective Kec. Poso Kota regarding the status of children out of wedlock when viewed from the Constitutional Court Decision No. 46/PUU-VIII/2010 then the Head of KUA, Penghulu and Religious Counselor KUA Kec. Poso Kota accepts Constitutional Court Decision No. 46/PUU-VIII/2010 is only meant to get rights in the form of lineage to inheritance but refuses if it is associated with guardianship matters. Research Implications: (1). To related institutions, especially the Office of Religious Affairs, so that they can provide training for women and men who are going to get married. (2) After the Constitutional Court Decision Number 46/PUU-VII 2010 concerning the status of children outside marriage, it is hoped that the Constitutional Court's Decision This can be realized immediately by issuing implementing regulations against the decision in order to protect the interests of children outside of legal marriages but not yet registered. And the existence of socialization to the community, especially families of children outside legal marriages, makes it easier to get information about the status of the rights of children outside of legal marriages.