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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Al-Usroh : Jurnal Hukum Keluarga Islam
Husni Abdulah Pakarti, Muhammad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Protection of the Rights of Adultery Children in Indonesia: A Perspective of Positive and Islamic Law Iffah Fathiah; Sofyan Mei Utama; Diana Farid; Husni Abdulah Pakarti, Muhammad; Al Kautsar Mabruri, Kemal; Hendriana, Hendriana
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7068

Abstract

The phenomenon of parents abandoning their children due to adultery is quite common these days. In the marriage legal system in Indonesia, children born outside a legal marriage cannot be recognized as legitimate children, so their civil aspects follow those of their mother. Children resulting from adultery lose some of their rights as children of a father, and this has the potential to disrupt their future. This research aims to analyze the rights of children resulting from adultery and whether there are solutions that can be taken so that children resulting from adultery still receive their rights even without a cross-breed relationship with their biological father. The research method used is a library research with a sociological-legal approach. Data sources were obtained from the law and several important articles related to this research problem. Apart from that, this article also uses the results of empirical research to strengthen the arguments in this research. Based on the research results, it was found that, from various studies, there is often a neglect of children's rights as a result of adulterous relationships. Men tend to leave their partners, and in the end, women often become single parents to meet the child's needs. Legally, the state can punish the adulterer (biological father) for being responsible for the needs of the child resulting from his adultery.
PENDIDIKAN AGAMA DAN KONSTRUKSI GENDER DALAM MASYARAKAT ISLAM Husni Abdulah Pakarti, Muhammad; Hendriana, Hendriana; Farid, Diana; Ulpah, Ghina; Afifah, Nurul
Al-Usroh : Jurnal Hukum Keluarga Islam Vol. 1 No. 02 (2023): Desember
Publisher : Islamic Family Law, STAI Sangatta Kutai Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55799/alusroh.v1i02.298

Abstract

Gender construction in Islamic societies was influenced by religious interpretations and local culture, which can affect social roles and expectations for individuals based on gender. This research aims to analyze the interaction between Islamic religious education and gender construction in Islamic society context. This research uses a qualitative method with a literature study approach or literature analysis to collect and criticize literature related to religious education, gender, and Islam. After the data is collected, it is analyzed to produce concrete conclusions. The research findings indicate that religious education has a significant role in maintaining and changing gender construction in Islamic society. The interpretation of religion and its emphasis in the religious education curriculum can influence how gender roles are defined and implemented daily. In addition, cultural factors and social context also play a role in shaping gender construction in Islamic societies. Local traditions, social norms, and historical factors can reinforce or change perceptions of gender roles in society. The research also highlights the importance of religious education in reflecting on Islamic teachings to promote gender equality and overcome patriarchal views. This research was expected to provide further insights into how Islamic religious education can influence the construction of gender in Islamic societie
Co-Authors Al Kautsar Mabruri, Kemal Diana Farid Farid, Diana Hendriana Hendriana, Hendriana Iffah Fathiah Muhammad Afif Sofyan Mei Utama Ulpah, Ghina