CHILDREN'S RIGHTS IN A QUASI BROKEN HOME PERSPECTIVE OF ISLAMIC LAW AND LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION

Muharrani, Zulkarnain, Miswari, Azwir, Mawardi
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Abstract

Abstract: In modern society, many symptoms of a quasi broken home are found in a family. This results in communication between children and parents being disturbed, the family becoming disharmonious and children's attitudes tending to become naughty. The aims of this research are (1) to determine children's rights in quasi broken homes in West Langsa District, (2) to determine the perspective of Islamic law and Law Number 35 of 2014 on the practice of fulfilling children's rights in quasi broken homes in West Langsa District and (3) to determine the similarities and differences between the perspective of Islamic law and Law Number 35 of 2014 regarding the practice of fulfilling children's rights in quasi broken homes in West Langsa District. This research uses a normative empirical approach and the type of research is field research. To obtain data, researchers used observation, interviews and documentation methods. The results of this research show that (1) children's rights in quasi broken homes in West Langsa District are not implemented well because parents are busy at work. (2) The perspective of Islamic law and Law Number 35 of 2014 on the practice of fulfilling children's rights in quasi broken homes in West Langsa District, namely in fulfilling the right to life, the right to education, the right to voice and participate and the right to fulfill identity and inheritance has been fulfilled properly. However, children's rights related to protection from violence have not been fulfilled properly and children's rights related to the provision of love and care are also not fulfilled properly because parents are busy. (3) The similarities and differences between the perspective of Islamic law and Law Number 35 of 2014 regarding the practice of fulfilling children's rights in a quasi broken home in West Langsa District can be seen in the fulfillment of children's education where in Islamic law children's education consists of formal education which is worldly in nature and religious education, whereas in Law Number 35 of 2014 it is only limited to education adapted to the child's talents and interests. Apart from that, another difference lies in Law Number 35 of 2014 which also states the child's right to be able to be cared for by someone other than their parents.
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从伊斯兰法和关于儿童保护的 2014 年第 35 号法律的角度看准破碎家庭中的儿童权利
摘要:在现代社会,一个家庭中会出现许多 "准破碎家庭 "的症状。这导致孩子和父母之间的沟通受到干扰,家庭变得不和谐,孩子的态度也变得顽皮。本研究的目的是:(1)确定西兰萨地区准破碎家庭中的儿童权利;(2)确定伊斯兰教法和 2014 年第 35 号法律对在西兰萨地区准破碎家庭中实现儿童权利的做法的看法;(3)确定伊斯兰教法和 2014 年第 35 号法律对在西兰萨地区准破碎家庭中实现儿童权利的做法的看法之间的异同。本研究采用规范实证方法,研究类型为实地研究。为了获取数据,研究人员采用了观察、访谈和文献记录等方法。研究结果表明:(1)由于父母忙于工作,西兰萨地区准破碎家庭中的儿童权利没有得到很好的落实。(2)从伊斯兰教法和 2014 年第 35 号法律的角度来看,西兰萨地区准破碎家庭中儿童权利的落实情况,即落实生命权、受教育权、发言权和参与权以及落实身份权和继承权的情况良好。但是,儿童免受暴力侵害的权利没有得到很好的实现,儿童得到关爱的权利也因为父母的忙碌而没有得到很好的实现。(3) 伊斯兰教法与 2014 年第 35 号法律在西兰萨区准破碎家庭中实现儿童权利的实践中的异同点体现在儿童教育的实现上,在伊斯兰教法中,儿童教育包括世俗性质的正规教育和宗教教育,而在 2014 年第 35 号法律中,儿童教育只限于适应儿童天赋和兴趣的教育。除此之外,2014 年第 35 号法律的另一个不同之处在于,该法律还规定儿童有权获得父母以外的人的照顾。
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NORMATIVE JUSTICE AND IMPLEMENTATION OF SHARIA ECONOMIC LAW DISPUTES: QUESTIONING LAW CERTAINTY AND JUSTICE CHILDREN'S RIGHTS IN A QUASI BROKEN HOME PERSPECTIVE OF ISLAMIC LAW AND LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION HAJJ HEALTH ISTITA'AH FROM THE PERSPECTIVE OF HEALTH DECENTRALIZATION EXAMINING THE BASIS OF MAQASHID SYARIAH IN RENEWAL OF ISLAMIC LAW IN INDONESIA CO-PARENTING MODEL IN RESOLVING CHILD CUSTODY DISPUTES IN URBAN MUSLIM FAMILIES
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