LUTUR Law Journal
Volume 6 Issue 1 May (2025): LUTUR Law Journal

The Effect of the Constitutional Court Decision Number: 46/PUU-VIII/2010 on the Inheritance Rights of Out-of-Wedlock Children in Islamic Inheritance Law

Dwi Anggriani Salsabila A A Sanmas (Faculty of Law, Universitas Pattimura, Ambon, Indonesia)
Novyta Uktolseja (Faculty of Law, Universitas Pattimura, Ambon, Indonesia)
Muchtar Anshary Hamid Labetubun (Faculty of Law, Universitas Pattimura, Ambon, Indonesia)



Article Info

Publish Date
31 May 2025

Abstract

This article examines the issue of inheritance rights for out-of-wedlock children from the perspective of Islamic law and Indonesian national law, particularly in the aftermath of Constitutional Court Decision Number: 46/PUU-VIII/2010, which marked a shift in the recognition of the civil status of out-of-wedlock children in relation to their biological fathers. This article aims to analyze the impact of Constitutional Court Decision Number: 46/PUU-VIII/2010 on the legal inheritance status of out-of-wedlock children within the frameworks of Islamic law and Indonesia’s national legal system. This study employs a normative juridical method with a statutory and conceptual approach. Data sources include primary and secondary legal materials. The research findings indicate that the Constitutional Court decision grants civil legal recognition to out-of-wedlock children with regard to their biological fathers, provided that the relationship can be proven through scientific means or valid legal evidence. This ruling broadens the inheritance rights of out-of-wedlock children under national law. However, in Islamic legal tradition, lineage (nasab) remains the principal basis for inheritance, leading to a tension between sharia principles and state law. The decision also opens a discourse on the harmonization of Islamic law and national law in order to protect the rights of children.

Copyrights © 2025






Journal Info

Abbrev

lutur

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LUTUR Law Journal (Lutur) is a peer-reviewed journal, media managed and published by Programs Study Outside the Main Campus in Law Pattimura University Southwest Maluku Regency two a year in May and November. The purpose of this journal is to provide a place for academics, researchers and ...