Religious Justice Judges In Determining The Written Law Of The Origin Of Children In Sirri Marriages In Al-Maqasid Syari'ah Perspective

Abstract

This study aims to determine and analyze how the status of children born from marriages, with a sociological juridical approach, an approach that refers to legal norms on regulations related to the status of children born as a result of marriages and the determination of the child's status application. The results show that: 1) Based on the marriage law, the State has carried out its duties as a State of law in terms of determining the child born of a sirri marriage, 2) As a result of the law of the child born from a sirri marriage, the child's status can be requested so that the child's blood relationship can be connected to two parents so that the role of the judge as a judicial officer authorized by law to adjudicate a case before him, in examining a case the judge does not necessarily decide the case but based on certain considerations, with formal legal rules and material, the enforcement of the Law, is determined by the ability of the role of court judges in harmonizing the legal apparatus and legal awareness, so as to create order and legal certainty in society based on the conscience of justice.