The Importance of Children in a Family according to Islamic Law

Oct 13, 2025 by wbrum.org 75 views

Juridical Analysis of Children's Guardians Due to Revocation of Parents of Parents whose Existence (Decision Study No. 1613/Pdt.G/2014/PA.Mdn)

The Importance of Children in a Family according to Islamic Law

Children born from a marriage have a very important position in a family according to Islamic law. In this context, children are considered as mandates from Allah SWT, and parents have the responsibility to care for, educate, and meet their needs until children reach adulthood. The legal relationship between parents and children creates rights and obligations between the two. Article 45 paragraph (2) of the Marriage Law Number 1 of 1974 states that parents are required to maintain and educate their children as well as possible until the child is married or able to stand alone. In this case, both parents, family, and community have the responsibility to maintain and meet the obligations mandated by the law.

However, in certain situations, such as when parents leave their children or their existence is unknown, the power of parents can be revoked by the Religious Court. This raises a number of attractive legal issues to be explored, such as the legal position of parents whose existence is unknown, a form of legal protection for children, as well as the consequences of the legal guardians of children due to the extraction of parents' power. The Religious Court has the authority to revoke the power of parents when they are proven not to fulfill their responsibilities.

Legal Protection for Children

In terms of revocation of parents' power, the Religious Court not only revoked custody, but also set a guardian to ensure that all children's needs are met. The guardian's responsibility includes the provision of clothing, food, education, and maintenance. In addition, the assets owned by children under the guardianship are also under the supervision of the guardian, who cannot use the property for personal interests, but must be used for the benefit of children. The appointed guardian is obliged to provide guidance, both in aspects of education and character development, as well as the skills needed by children for the future.

The Role of the Guardian in Children's Lives

The guardian period lasts until the child reaches adulthood or married, and is able to take legal action independently. The guardian is responsible for providing a stable and secure environment for the child. This includes providing a safe and comfortable home, as well as ensuring that the child receives proper education and healthcare. The guardian must also ensure that the child's physical and emotional needs are met, and that the child is protected from harm.

Legal Consequences for Parents

For parents whose power is revoked, they cannot re-submit custody of their children. This happens because they have neglected their obligations and responsibilities as parents, who are considered as an act against the law based on Law Number 23 of 2002 concerning Child Protection. This revocation of power also provides important lessons about the responsibility of parents in childcare, as well as the importance of compliance with the law for the best interests for children.

The Decision of the Religious Courts

In this case, the decision of the Religious Courts reflects law sensitivity to child protection and confirms that the security and welfare of children must be prioritized, especially when parents cannot carry out their duties properly. Thus, through this analysis, we can understand that law does not only apply to punish violations, but also to provide protection to children who are most vulnerable in society.

Conclusion

In conclusion, the revocation of parents' power by the Religious Court is a complex issue that raises a number of legal questions. The decision of the Religious Courts reflects the importance of child protection and the need to prioritize the security and welfare of children. The guardian appointed by the court plays a crucial role in ensuring that the child's needs are met, and that the child is protected from harm. The law provides important lessons about the responsibility of parents in childcare, and the importance of compliance with the law for the best interests for children.

Recommendations

Based on this analysis, the following recommendations can be made:

The Religious Court should continue to prioritize child protection and ensure that the security and welfare of children are met.
The guardian appointed by the court should be responsible for providing a stable and secure environment for the child.
Parents who have their power revoked should be held accountable for their actions and be required to take responsibility for their children's care.
The law should be amended to provide clearer guidelines for the revocation of parents' power and the appointment of guardians.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the decision of the Religious Courts and does not consider other legal perspectives.
The study only considers the legal position of parents whose existence is unknown and does not consider other situations where parents may be unable to care for their children.
The study only considers the consequences of the legal guardians of children due to the extraction of parents' power and does not consider other consequences.

Future Research Directions

Future research should consider the following directions:

A more comprehensive study of the legal position of parents whose existence is unknown and the consequences of the legal guardians of children due to the extraction of parents' power.
A study of the role of the guardian in children's lives and the impact of the guardian on the child's well-being.
A study of the law and its application to child protection and the revocation of parents' power.

References

Marriage Law Number 1 of 1974.
Law Number 23 of 2002 concerning Child Protection.
Decision Study No. 1613/Pdt.G/2014/PA.Mdn.

Note: The references provided are a selection of the relevant laws and regulations that are mentioned in the study. A more comprehensive list of references may be necessary for a full understanding of the topic.
Frequently Asked Questions (FAQs) about Juridical Analysis of Children's Guardians Due to Revocation of Parents of Parents whose Existence

Q: What is the purpose of the Religious Court in revoking the power of parents?

A: The purpose of the Religious Court in revoking the power of parents is to ensure the security and welfare of children who are most vulnerable in society. When parents are unable to care for their children, the Religious Court has the authority to revoke their power and appoint a guardian to take care of the child.

Q: What are the responsibilities of the guardian appointed by the Religious Court?

A: The guardian appointed by the Religious Court is responsible for providing a stable and secure environment for the child. This includes providing a safe and comfortable home, as well as ensuring that the child receives proper education and healthcare. The guardian must also ensure that the child's physical and emotional needs are met, and that the child is protected from harm.

Q: Can parents whose power is revoked re-submit custody of their children?

A: No, parents whose power is revoked cannot re-submit custody of their children. This happens because they have neglected their obligations and responsibilities as parents, who are considered as an act against the law based on Law Number 23 of 2002 concerning Child Protection.

Q: What are the consequences of the revocation of parents' power?

A: The revocation of parents' power has several consequences, including:

The appointment of a guardian to take care of the child
The loss of custody of the child by the parents
The responsibility of the parents to take care of their children's needs
The importance of compliance with the law for the best interests of the child

Q: How does the law protect children who are most vulnerable in society?

A: The law protects children who are most vulnerable in society by:

Providing a framework for the care and protection of children
Ensuring that children's needs are met
Holding parents accountable for their actions
Providing a safe and secure environment for children

Q: What are the limitations of the study?

A: The study has several limitations, including:

The study only focuses on the decision of the Religious Courts and does not consider other legal perspectives
The study only considers the legal position of parents whose existence is unknown and does not consider other situations where parents may be unable to care for their children
The study only considers the consequences of the legal guardians of children due to the extraction of parents' power and does not consider other consequences

Q: What are the future research directions?

A: Future research should consider the following directions:

A more comprehensive study of the legal position of parents whose existence is unknown and the consequences of the legal guardians of children due to the extraction of parents' power
A study of the role of the guardian in children's lives and the impact of the guardian on the child's well-being
A study of the law and its application to child protection and the revocation of parents' power

Q: What are the recommendations for the Religious Court?

A: The following recommendations are made for the Religious Court:

Continue to prioritize child protection and ensure that the security and welfare of children are met
Ensure that the guardian appointed by the court is responsible for providing a stable and secure environment for the child
Hold parents accountable for their actions and require them to take responsibility for their children's care

Q: What are the recommendations for parents?

A: The following recommendations are made for parents:

Take responsibility for their children's care and ensure that their needs are met
Comply with the law and its application to child protection and the revocation of parents' power
Be held accountable for their actions and take responsibility for their children's well-being

Q: What are the recommendations for the law?

A: The following recommendations are made for the law:

Be amended to provide clearer guidelines for the revocation of parents' power and the appointment of guardians
Provide a framework for the care and protection of children
Ensure that children's needs are met and that they are protected from harm

Note: The FAQs provided are a selection of the most frequently asked questions about the topic. A more comprehensive list of FAQs may be necessary for a full understanding of the topic.