USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 2 (2026): April

PENGESAHAN ANAK ZINA MENURUT PUTUSAN MAHKAMAH KONSTITUSI DALAM PERSPEKTIF MAQASHID SYARIAH

Hamdah Faridah (IAI An-Nawawi)
Muhamad Mustahal (Institut Agama Islam An-nawawi Purworejo)
Fathudin (Institut Agama Islam An-nawawi Purworejo)



Article Info

Publish Date
02 Apr 2026

Abstract

Constitutional Court Decision Number 46/PUU-VIII/2010 is the state's legal response to the need for legal protection for children born out of wedlock. This decision expands the civil relationship between illegitimate children and their biological fathers based on scientific evidence, without being intended as a validation of Islamic lineage. This study aims to analyze the legal implications of this decision in the national legal system and examine it through the perspective of Maqashid Syariah, specifically the balance between the protection of the child's life and rights (hifz al-nafs) and the protection of descendants (hifz al-nasl). The method used is normative legal research with a statutory and conceptual approach, accompanied by an analysis of the ratio decidendi of the Constitutional Court decision. The results of the study indicate that the expansion of civil relationships is a form of legal responsibility of biological fathers and is not identical to the determination of lineage in Islamic law. Through the Maqashid Syariah approach, this decision can be understood as a state legal ijtihad to protect children's rights without violating the basic principles of Islamic lineage..

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...