Urgensi Keabsahan Status Nasab Anak Yang Lahir Diluar Nikah Pasca Putusan Mahkamah Konstitusi No. 46/PUU – VIII/2010 Perspektif Hukum Perdata Islam

Abstract

The purpose of the study was to determine the validity of the status of the child who was born outside of marriage after the decision of the Constitutional Court No. 46 / PUU - VIII / 2010, perspective of Islamic Civil Law and To find out the impact of the civil relationship of children born outside of marriage after the decision of the Constitutional Court No. 46 / PUU - VIII / 2010, perspective of Islamic Civil Law. From the results of the study, the validity of the status of the child born outside the marriage after the decision of the Constitutional Court No. 46 / PUU - VIII / 2010, only constitutes general legal rules (lex generalis) in regulating the status and position of children. Meanwhile, there are other rules that are more specific in nature (lex specialis) such as the Civil Code and the Law on Religious Courts which are complemented by Compilation of Islamic Law. at least two important points can be taken from the decision of the Constitutional Court. First, the civil relations in the above decisions have nothing to do with nasab. Secondly, it relates to the purpose of protecting the rights of children. As for the impact of the existence of a child relationship after the decision of the Constitutional Court depends on the legality of the marriage of both parents. Both legally and legally valid by law have a civil relationship in terms of; nasab, livelihood, inheritance rights, and guardianship. However, children born of zina will only have a civil relationship with their father in terms of maintenance, protection, living. But it is not related to nasab relations, inheritance rights, or guardianship. Keywords: Decision of the Constitutional Court No. 46 / PUU - VIII / 2010