Analisis Yuridis tentang Status Hak Waris Anak yang Lahir Diluar Perkawinan Sah Pasca Putusan Mahkamah Konstitusi Nomor 46/Puu-Viii/2010 dalam Perspektif Hukum Islam

Abstract

The Constitutional Court Decision Number 46/PUU-VIIl/2010 introduced significant changes to the legal status of children born outside legal marriage in Indonesia. This decision reinterprets Article 43 paragraph (1) of Law Number 1 of 1974 on Marriage, affirming that children born out of wedlock not only have civil relations with their mother and maternal family, but also with their biological father, provided such relationship can be proven by science andlor other legal evidence. Consequently, children born outside marriage may potentially obtain civil rights, including inheritance rights, from their biological father. However, from the perspective of Islamic law, the status of children born out of wedlock differs. Classical fiqh predominantly rejects the existence of lineage and inheritance relations between such children and their biological fathers, except where a valid acknowledgment of lineage is established This creates a fundamental discrepancy between post-CC decision positive aw and Islamic inheritance principles. This research employs a normative juridical method with statutory, case. and comparative Islamic law approaches. The findings indicate that although the Constitutional Court's ruling aims to protect children's rights and prevent discrimination, its implementation faces obstacles, particularly regarding the proof of blood relations and the harmonization with Islamic legal principles. Within the Islamic perspective, inheritance rights of children born out of wedlock remain limited to their mother and maternal family, while biologieal proof through modern technology is not automatically recognized as a basis for establishing lineage. In conclusion, there exists a normative tension between positive law and Islamic law concerning the inheritance rights of children born outside legal marriage. Therefore, efforts at legal harmonization are necessary so that the Constitutional Court's decision can be implemented without negating the fundamental principles of Islamic law, while simultaneously ensuring the protection of children's righis in accordance with the constitution and the principle of justice.