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All Journal MAHAKIM: Journal of Islamic Family Law
Rendy Dwi Hermanto
Institut Agama Islam Negeri Ponorogo
Social Sciences

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Analisis Putusan MK No. 46/PUU-VIII/2010 tentang Status Anak Hasil Nikah Siri Perspektif Maqāsid Syarī’ah Imām Al-Syātibī Rendy Dwi Hermanto
MAHAKIM Journal of Islamic Family Law Vol 6 No 1 (2022): January 2022
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (552.779 KB) | DOI: 10.30762/mahakim.v6i1.142

Abstract

The Constitutional Court's decision Number 46/PUU-VIII/2010 concerning the status of children born out of wedlock is a revolutionary decision made by the Constitutional Court. The decision stated that children born out of wedlock not only have a civil relationship with the mother and their mother's family, but also have a civil relationship with their biological father and biological father's family which can be proven based on the development of science and technology. The changes that occur in Article 43 paragraph (1) have implications for Islamic family law in Indonesia. The new law is interesting if reviewed using maqāṣid syarī'ah analysis with library research, with documentation data collection techniques, and uses two data sources, primary and secondary. The results showed that according to the maqāṣid syarī'ah analysis, the Constitutional Court's decision did not violate the the rules of syara', because it contained maṣlaḥah (goodness) and did not contain elements of ḍarar (damage) in the decision. This decision is also in line with the principles of maqāṣid syarī'ah, namely the principles of ḥifẓ al-dīn (protection of faith or religion), ḥifẓ al-nafs (protection of life), ḥifẓ al-‘aql (protection of intellect), ḥifẓ al-nasl (protection of lineage or ancestry) and ḥifẓ al-māl (protection of property or wealth). The implication of this decision is that children born out of wedlock have the same rights as children born from legal marriages, namely the right to lineage to their biological father, to earn a living, inheritance and equality before the law.
Islam dan Kebijakan Negara dalam Perlindungan terhadap Hak Reproduksi Pekerja Perempuan pada Keluarga Muslim Rendy Dwi Hermanto; Sheyla Nichlatus Sovia
MAHAKIM Journal of Islamic Family Law Vol 7 No 2 (2023): July 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i2.268

Abstract

The position of women is clear both in terms of Islamic perspective and in terms of state policies in the form of laws and regulations that have placed women in a dignified position that can develop themselves in carrying out their roles, duties and functions. On the other hand, participating in maintaining a balance between family responsibilities and work outside the household without neglecting roles in the household and maintaining social and religious culture values. The existence of women workers cannot be denied, both on a large scale role in the development of the nation and state as well as on the scale of status and family welfare by working outside the home (productive work) or social activities in irder to actualize themselves. This research seeks to find a tangent point between Islamic teachings and state policies in providing protection for the reproductive rights of female workers. The results of the study show that the concepts contained in Islamic teachings and state policies have many tangent points related to the obligation to provide protection for workers, especially female workers and the fulfillment of their rights for the benefit of mankind as a whole.
Co-Authors Sheyla Nichlatus Sovia