Exploration Legality The Inheritance Position of Children Outside of Marriage ( A Analysis Comparison Between Legal Readings of the Court Constitution and Fatwa of the Indonesian Ulema Council )

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Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 1 (2024): Pena Justisia

Study This aims to analyze the position of inheritance of illegitimate children based on a comparison between the decision Court Constitution (MK) with the fatwa of the Indonesian Ulema Council (MUI) in context law positive and Islamic law in Indonesia. Research methods used are studies literature, where the data was obtained through analysis document the Constitutional Court's decision and the MUI's fatwa as well as interviews with experts in Islamic law and constitutional law. Findings study show that the Constitutional Court is inclined to take a approach progressive by confessing the right inheritance for the child outside marriage as part of the basic human beings protected by the constitution. However, MUI fatwas are often adopted interpretation restrictive conservative right inheritance of child outside marriage. Implications from the study This is the need for dialogue and work the same between state institutions and religious institutions to reach harmony between law positive and Islamic law as well As formulate balanced and fair policies in the protection right inheritance of child outside marriage by principles law positive and Islamic law