Status anak luar nikah (judicial activism Mahkamah Konstitusi dalam Putusan Nomor 46/PUU-VII/2010 perspektif Mashlahah Izzuddin bin Abdissalam)

Rofiq, Mahbub Ainur ORCID: https://orcid.org/0000-0002-9230-767X and Hamidah, Tutik (2021) Status anak luar nikah (judicial activism Mahkamah Konstitusi dalam Putusan Nomor 46/PUU-VII/2010 perspektif Mashlahah Izzuddin bin Abdissalam). Islamitsch Familierecht Journal, 2 (2). pp. 126-163. ISSN 2747-1934

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Abstract

The issuance of the Constitutional Court's decision Number 46/PUU-VII/2010 created legal polemics, especially in Islamic legal thought. Various kinds of support came to the surface, but there were also criticisms from the experts. Even the Indonesian Ulema Council (MUI) also gave sharp criticism by issuing fatwa Number 12 of 2012 in response to the decision. This is because the Constitutional Court is considered to have made its own sharia law and exceeded its capacity by legalizing the lineage of children born from extramarital relations to their biological parents. Based on the problems above, the writer would like to examine the decision of the Constitutional Court Number 46/PUU-VII/2010 by using the analysis of the maslahah theory of Izzuddin bin Abdissalam. This research is a normative Islamic law research using library research method. The results of this study are, namely: first, the Constitutional Court's decision contains mashlahah, especially for the fate and future of a child as a victim of an extramarital relationship. Second, the Constitutional Court's decision in reviewing the theory of mashlahah -Izzuddin bin Abdissalam- is mashlahah majazi (the driving factor) for the realization of mashlahah haqiqiyyah (happiness for children).

Item Type:	Journal Article
Keywords:	mashlahah; children out of wedlock; Izzuddin bin Abdissalam
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012823 Mahram & Nasab
Divisions:	Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User:	Mahbub Ainur Rofiq
Date Deposited:	07 Aug 2023 10:27

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