PERLINDUNGAN ANAK HASIL ZINA DALAM PERSPEKTIF HUKUM ISLAM DAN PUTUSAN (MK) NO. 46/PUU-VIII/2010

Abstract

Due to the development of the times and technology is increasingly sophisticated, there are often things that violate Islamic law, many in Indonesia, there are often cases of adolescent adultery that can cause death and damage light morals in children today. The formulation of the problem of this study is the protection of adulterous children in the perspective of Islamic law, the protection of children resulting from adultery in the  perspective of the  Constitutional Court (MK) decision No. 46 / PUU-VIII / 2010, and  similarities and differences in the protection of adulterous children in the  perspective of Islamic  law and the decision of the  Constitutional Court (MK) No. 46/PUU-VIII/2010. The purpose of this study is to determine the  form of protection of adulterous children in the perspective of Islamic law and the decision of the Constitutional Court (MK) No. 46 / PUU-VIII / 2010 and to find out the similarities and differences protection of adulterous  children in the perspective of Islamic  law and the decision of the  Constitutional Court (MK) No. 46/PUU-VIII/2010. The method used in this study is a type of research (Library Research) which is sourced from primary data from the results of analysis of the  Qur'an and Hadith related to  the protection of children from adultery in perspketif Islamic  law and the decision of the Constitutional Court No. 46 / PUU-VIII / 2010, as well as secondary data  sources in the form of books, journals, scientific papers aricles and theses through the internet that are related with the problem under study, then the  data is analyzed through several stages through  data  reduction,  data analysis, and finally conclusions are drawn. Protection of adulterous children in the perspective of Islamic law, states that children born out of  wedlock (adulterous children) have a civil relationship to their mother and  their mother's family. This means that children born out of  wedlock (adulterous children) cannot get civil rights such as inheritance, guardians, and livelihood, absolutely against the man who fertilizes his mother, even though  the man has done "recognition" or has been scientifically and technologically proven   as his father. Protection   of adulterous children in the perspective of decision (MK) No. 46 / PUU-VIII / 2010 that children resulting from adultery can have a civil  relationship not only to their mother and  their mother's family,  but also  to their mother and their mother's family,  but  also had a civil relationship over the man as his biological father and  his  father's family. while the  difference in the protection of adulterous  children, in  Islamic  law, the child of  adultery has a civil relationship with his mother and   his mother's family.   this means that in   civil rights such as inheritance, guardianship, and living, the  child from adultery  can only get these rights from his mother. Meanwhile, in the decision of the   Constitutional Court number 46 / PUU-VIII / 2010 that the adulterous   child has a civil relationship with his mother and  his mother's family, as well as a man as his biological father   that has been proven by science and technology or other legally justified evidence.