Interfaith Marriage And Its Legal Consequences For Children Born According To Islamic Law

Indira Hastuti, Edy Sanjaya, B. Prasetyo
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引用次数: 3

Abstract

Interfaith marriages, which are widely practiced in society, will, in the long term, have a social and psychological impact on children born to these couples. In contrast, in terms of legal aspects, they certainly have legal consequences for children born to couples of different religions. The purpose of this study was to determine the legal implications of interfaith marriages for children born according to Islamic law. Methods This study uses a normative juridical method by reviewing various literature relevant to the studied theme. Data was collected through a literature study to find secondary legal materials pertinent to the prescriptive descriptive approach. The study results indicate that the legal consequences of interfaith marriages are invalid marriages, and children born are not permitted according to Islamic law. According to Islamic law, Interfaith marriages have legal implications for children who are born; namely, children are considered as children born out of wedlock. Children born out of wedlock only have a kinship relationship with their mother and their mother's family.
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跨宗教婚姻及其对根据伊斯兰法律出生的孩子的法律后果
在社会上广泛实行的跨宗教婚姻,从长远来看,将对这些夫妇所生的孩子产生社会和心理影响。相比之下,在法律方面,他们当然对不同宗教的夫妇所生的孩子有法律后果。这项研究的目的是确定宗教间婚姻对根据伊斯兰法律出生的儿童的法律影响。方法采用规范的法学方法,对相关文献进行梳理。通过文献研究收集数据,以找到与规定性描述方法相关的二级法律材料。研究结果表明,跨宗教婚姻的法律后果是无效的婚姻,根据伊斯兰法律不允许生育子女。根据伊斯兰教法,跨宗教婚姻对出生的孩子具有法律意义;也就是说,孩子被认为是非婚生子女。非婚生的孩子只与他们的母亲和母亲的家庭有亲属关系。
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