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All Journal Al Fuadiy: Jurnal Hukum Keluarga Islam ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
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Universitas Islam Negeri Sumatera Utara
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Rekonstruksi Hak Keperdataan Anak Luar Kawin: dari Perlindungan Nasab ke Perlindungan Hak Anak Hamka Husein Hasibuan; Pagar; Hasan Matsum; Fauziah Lubis
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law (in Press)
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/af.v8i1.1859

Abstract

Children born out of wedlock constitute a complex legal and social issue, particularly in relation to the fulfillment of civil rights within plural legal systems. In Indonesia, the regulation of such rights reflects an ongoing tension between positive law, which increasingly emphasizes child protection, and Islamic law, which prioritizes the preservation of lineage (nasab). This article examines the construction of civil rights of children born out of wedlock under Indonesian positive law and Islamic law, with particular attention to lineage, guardianship, inheritance, and maintenance. Using a normative legal method with statutory, conceptual, and comparative approaches, the discussion highlights the impact of Constitutional Court Decision No. 46/PUU-VIII/2010 in reshaping the legal relationship between children born out of wedlock and their biological fathers. The findings indicate that positive law has shifted toward a child-centered paradigm by allowing civil relations based on scientific proof, while Islamic law maintains normative restrictions rooted in the sanctity of lawful marriage. Despite these differences, both legal systems share a common commitment to safeguarding the welfare and dignity of children. The article contributes to legal discourse by mapping points of convergence and divergence between the two systems and offering a balanced understanding of how child protection and moral-legal principles interact within Indonesia’s family law framework.
Perlindungan Hak Nafkah Anak Pasca Perceraian: Perspektif Maslahat dan Undang-Undang Nomor 35 Tahun 2014 Azuratun Nasuha; Pagar; Muhammad Iqbal Irham
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 4 No. 2 (2026): ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v4i2.1927

Abstract

Post-divorce conditions frequently result in the neglect of children’s rights, particularly financial support, despite clear legal obligations imposed on parents. Children, as a vulnerable group, require both normative and practical protection to ensure their well-being and sustainable development. This article examines the protection of child support rights after divorce through an integrative analysis of maslahah (public benefit) and Law Number 35 of 2014 on Child Protection. A qualitative approach is employed by combining normative juridical analysis with limited empirical insights derived from interviews with legal practitioners, enabling a more contextual understanding of the gap between legal norms and their implementation. The findings reveal that although legal frameworks and Islamic principles consistently position child support as a mandatory responsibility—primarily borne by the father—its enforcement remains weak due to limited monitoring mechanisms, low legal awareness, and socio-economic constraints. From the perspective of maqasid al-sharia, the fulfillment of child support constitutes a fundamental effort to preserve life, intellect, and lineage, thereby reinforcing its urgency beyond formal legality. The novelty of this study lies in its integrative framework that bridges positive law and Islamic legal philosophy to strengthen child protection discourse. Strengthening enforcement mechanisms, enhancing institutional supervision, and internalizing ethical-religious values are essential to ensure a more just, effective, and sustainable protection of children’s rights.
Co-Authors Azuratun Nasuha Fauziah Lubis Hamka Husein Hasibuan Hasan Matsum M Iqbal Irham