Legal Protection of the Rights Children Born Out of Wedlock: A Comparative Study in Indonesia and Malaysia
Journal Title: International Journal of Current Science Research and Review - Year 2024, Vol 7, Issue 04
Abstract
Children born out of wedlock have the same human rights as those born within a legitimate marriage. This research aims to discuss how the law can play a crucial role in providing strong protection for the rights of children born out of wedlock, comparing legal regulations in family law between Indonesia and Malaysia. The research utilizes normative method of comparative legal analysis to examine regulations related to the legal status of children born out of wedlock within the legal systems of Indonesia and Malaysia. The results of this research indicate that in Indonesia, the protection of children born out of wedlock in terms of their rights can be fulfilled by both parents, and a child born out of wedlock can be acknowledged by the father as long as it can be substantiated through scientific knowledge or concrete legal evidence. Conversely, in Malaysia, the decision regarding the lineage of a child born out of wedlock lies entirely with the mother and her family, following the Shafi’i school of thought, and this has not changed to date. As a consequence, children born out of wedlock in Malaysia may lose their civil rights, including financial rights, custody, inheritance, and other rights from their biological father. Malaysian law also regulates penalties for individuals engaged in relationships outside of marriage to protect their lineage and prevent mixed-race offspring.
Authors and Affiliations
Ilham Tohari, Anggit Waseso, Erna Herawati,
Keywords
Related Articles
- EP ID EP733765
- DOI 10.47191/ijcsrr/V7-i4-18
- Views 30
- Downloads 0
Coping Stress Strategies to Reducing Work and Home Demands to Job Burnout Woman Nurses
Work and home demand increasing job burnout for woman nurses. The important coping stress strategies are to reduce job burnout. This study aimed to determine the relationship between work and home demand to job burnout,...
Drying Kinetics of Grated Ginger (Zingiber officinale) In a Microwave Oven with Control of Power
The drying of ginger in Mexico is not commercially done, which causes a large amount of product that is not consumed in the form of fresh vegetable, to be wasted. To obtain a more sustainable and profitable presentation...
The Impact of Green Marketing Mix on Green Loyalty in Oatside Plant Based Milk Product with Green Satisfaction as Intervening Variable
Currently, environmental conservation is a widely discussed topic as public awareness about its importance grows. Businesses need to recognize this trend, particularly by producing environmentally friendly products. Oats...
The Effect of Metacognitive Strategy Instruction on Listening Comprehension Performance, A Case Study of English - Majored Freshmen at Ba Ria - Vung Tau University, Viet Nam
The research was carried out with 50 university freshmen at Ba Ria – Vung Tau University (BVU) to find out how metacognitive strategy instruction motivates them to improve their listening comprehension. The researchers e...
Reform of College English Teaching Content in Engineering Colleges against the Background of New Engineering Education
In recent years, increasing attention has been paid to the development of new engineering education. College English, a compulsory course aimed at non-English majors in China’s universities, bears great responsibilities...