Jarir, Abdullah and Lukito, Ratno and Ichwan, Moch Nur (2023) Legal Reasoning on Paternity: Discursive Debate on Children Out of Wedlock in Indonesia. Ahkam, 23(2). pp. 449-472. ISSN 2407-8646

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Abstrak

This article explains why Indonesian Ulama and Islamic jurists who oppose the Constitutional Court decision have failed to see the progressive norms in Islam and human rights. They argued that the decision determining that the children born out of wedlock have filiation not only with their mother but also with their father contrasted to and has no legal basis in Islamic jurisprudence. Therefore, this paper will provide the rationale of the arguments of Islamic jurists, including Indonesian ulama, and the proponent of the Indonesian Constitutional Court decision. In conclusion, Indonesian ulama and Islamic jurists have been embracing the conservatism point of view, that is static and textual thinking in interpreting the Ḥadith concerning the issue of a child out of wedlock. As a result, they did not accept another interpretation. Other interpretations are delivered by classical Islamic jurists like Ibn Taimiyyah and Ibrahim al-Nakhā'ī, who argued that a child out of wedlock has a civil relationship with their parents. Meanwhile, the proponent of the Indonesian Court decision adheres to the progressive point of view that considers the children's public interest.

Tipe Item/Data:	Artikel
Kata Kunci (keywords):	child out of wedlock, constitutional court, legal reasoning, Islamic inheritance, Islamic jurists
Subjek:	2x4 Fiqh > 2x4.3 Hukum Perkawinan / Munakahat > 2x4.37 Menyusui dan mengasuh/memelihara anak
User Penyetor:	S.S.I FN H
Tanggal Disetorkan:	05 Mei 2025 09:19
Perubahan Terakhir:	05 Mei 2025 09:19
URI:	http://repository.uinbanten.ac.id/id/eprint/16756

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