STATUS OF CHILDREN OUT OF MARRIAGE IN POSITIVE LEGAL PERSPECTIVE AND ISLAMIC LAW (REVIEW OF CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010)

Abstract

Abstract

Children born outside of legal wedlock experience many difficulties in their lives. Apart from legally not obtaining civil rights or obtaining their rights within certain restrictions, in society they are looked down upon and despised. The type of research used by the author is normative legal research with a conceptual approach that collects library data in the form of research sector data on the status of children out of wedlock, laws and regulations, Al-Quran texts and MUI fatwas. The results of this study are based on positive law, children out of wedlock only obtain civil rights from their mothers. Children out of wedlock have the same position as legitimate children through means of: acknowledgment, validation and proof based on authentic deeds. Islamic law mentions the term child out of wedlock with child of adultery. Children resulting from adultery do not have lineage, marriage, inheritance and subsistence relations with the man who caused their birth.