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Sucipto, Rokhmat
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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How Does Islamic Law and National Law Look at the Relinquishing of Children's Responsibilities to Their Parents? Sucipto, Rokhmat
Journal of Law and Legal Reform Vol 1 No 4 (2020): Globalization and Legal Reform: Recent Developments
Publisher : Postgraduate Program, Master of Laws, Faculty of Law Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i4.39888

Abstract

The obligation of children to provide for their parents and the growing reality in Indonesia today, many children leave their parents but give up their livelihood obligations. The question arises how the practice of releasing children from their parents at the Wredha Harapan Ibu (PWHI) Nursing Home in Bringin Ngaliyan Semarang is a perspective of Islamic law and positive law. Article 46 Paragraph (2) Marriage Law Number 1 of 1974. The research author uses descriptive analysis method that is analyzing information about the real situation now. The study uses field research with interview and documentation methods as well as taking various supporting literature to be used as a reference in the preparation of this study. This research approach is normative. The results of the author's research: First, first entrusted until now the parents have never filled their children. Secondly, first of all, they are left with routine maintenance once fulfilled, but the habit does not last long. Third, the first deposited until now has never given a living, but still gives a living only rarely given. In Islamic law the release of parents' living is not in line with the teachings and recommendations of the Islamic religion which are stated in the Al-Quran and Al-Hadith as well as the agreement of the ulama as well as contrary to the positive law in force in Indonesia as stated in the Law Article 46 Paragraph (2) Law Number 1 of 1974 concerning marriage.
How Does Islamic Law and National Law Look at the Relinquishing of Children's Responsibilities to Their Parents? Sucipto, Rokhmat
Journal of Law and Legal Reform Vol 1 No 4 (2020): Globalization and Legal Reform: Recent Developments
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v1i4.39888

Abstract

The obligation of children to provide for their parents and the growing reality in Indonesia today, many children leave their parents but give up their livelihood obligations. The question arises how the practice of releasing children from their parents at the Wredha Harapan Ibu (PWHI) Nursing Home in Bringin Ngaliyan Semarang is a perspective of Islamic law and positive law. Article 46 Paragraph (2) Marriage Law Number 1 of 1974. The research author uses descriptive analysis method that is analyzing information about the real situation now. The study uses field research with interview and documentation methods as well as taking various supporting literature to be used as a reference in the preparation of this study. This research approach is normative. The results of the author's research: First, first entrusted until now the parents have never filled their children. Secondly, first of all, they are left with routine maintenance once fulfilled, but the habit does not last long. Third, the first deposited until now has never given a living, but still gives a living only rarely given. In Islamic law the release of parents' living is not in line with the teachings and recommendations of the Islamic religion which are stated in the Al-Quran and Al-Hadith as well as the agreement of the ulama as well as contrary to the positive law in force in Indonesia as stated in the Law Article 46 Paragraph (2) Law Number 1 of 1974 concerning marriage.
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