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All Journal Al-Ahkam JURNAL CENDEKIA HUKUM
Defel Fakhyadi
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Religion Law, Crime, Criminology & Criminal Justice

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LEGAL CONSEQUENCES OF CHILDREN OUTSIDE OF MARRIAGE AFTER CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010 Asrul Hamid; Defel Fakhyadi
Jurnal Cendekia Hukum Vol 7, No 2 (2022): JCH (JURNAL CENDEKIA HUKUM)
Publisher : STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v7i2.465

Abstract

Civil Code, Law Number 1 of 1974 concerning Marriage, and the Compilation of Islamic Law (KHI)is a legal rule that regulates the regulation of children outside of marriage and KHI is specifically for people who are Muslim. Therefore, the Constitutional Court Decision Number 46/PUU-VIII/2010 concerning the position of children out of wedlock is stipulated as a solution so that there is no legal dualism in society. The Constitutional Court's decision was determined when Aisyah Moechtar submitted a judicial review to the Constitution Court about constitutionality of Article 2 paragraph (2) and Article 43 paragraph (1) of Law no. 1 of 1974 concerning Marriage. This happens because of the legal meaning of the phrase "born out of wedlock," so that there are multiple interpretations of the position and legal this consequences. Research method is normative juridical research using statutory approach to then conducted in-depth analysis. With the issuance of the decision of the Constitutional Court, children out of wedlock have a civil relationship with their mother, their father and father's family if it can be proven by science and technology. It should be understood that the illegitimate child referred to in the decision is an illegitimate child resulting from a religiously legal marriage (siri marriage) but is not recorded in state documents and does not apply to illegitimate children resulting from adultery so that the clear legal consequences.
Reconstructing Gender Relations for Family Resilience in Minangkabau: Integrating Islamic Law and Customary Law Fakhyadi, Defel; Samsudin, Muhammad Adib; Dasrianto, Vito; Danil, Muhammad; Wahyudi, Ade Arga
Al-Ahkam Vol. 35 No. 1 (2025): April
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2025.35.1.22906

Abstract

Women are social beings who hold a high position in continuing the kinship system, preserving the existence of inheritance, and being responsible for forming family ethics and morals. This study aims to reconstruct the legal perspective on gender relations by integrating Islamic law with the Minangkabau cultural customs to strengthen family resilience. This research uses a qualitative approach based on relevant documents from primary and secondary sources, including interviews, documentation, books, and articles. The collected data is analyzed using content analysis methods with phenomenological, feminist, and sociological approaches. The findings of this study indicate that the Minangkabau community views women as charismatic and respected figures. Bundo kanduang protects her kin, preserves the ancestral heritage, and maintains the kinship system to ensure the continuity of the family within the matrilineal kinship system. This research contributes to the discourse on Islamic law and gender by showing how the matrilineal society of Minangkabau aligns with Islamic principles and challenges conventional patriarchal interpretations that are not in line with Islamic values.
Co-Authors Ade Arga Wahyudi Asrul Hamid Muhammad Danil, Muhammad Samsudin, Muhammad Adib Vito Dasrianto