KEDUDUKAN ANAK HASIL POLIGAMI PERNIKAHAN SIRI TERHADAP WARIS DAN PERWALIAN DITINJAU KOMPILASI HUKUM ISLAM DAN BURGERLIJK WETBOOK

Abstrak

Abstract

Marriage is a process of binding sacred promises between men and women, it is a sacred and noble worship.

Marriage should not be done haphazardly because this is the longest form of worship and can be preserved until death do us part.

Marriage is a sacred thing so it cannot be done because of coercion from one of the parties. Marriage and children (descendants) are 2 things that are attached to each other, in a marriage one must expect the presence of offspring to complete happiness. Sometimes in hereditary marriages it is often a serious problem, in marriage the husband wants offspring while the wife cannot give offspring according to the husband's wishes, so the solution taken by the husband is by marrying again (polygamy) in a siri or legal manner. Polygamy is also regulated in Article 3 paragraph (2) of the Marriage Law "the court can give permission to a husband to have more than one wife if the parties concerned want". Polygamy is a marriage in which one party has or marries several of the opposite sex at the same time. In a siri marriage, of course, there are many pros and cons, especially regarding the position of the child from the marriage. However, children's rights have been mentioned in article 4 to article 18 of the Constitution no. 23 of 2022 concerning child protection which was later amended by Law no. 35 of 2004 in which one of his rights is to know his parents. This is contained in Article 7 of the Law which states that "every child has the right to know his parents, to be raised and cared for by his own parents".

Keywords: Polygamy, Siri Marriage, Inheritance, Guardianship, KHI, BW