The Position of Nafkah for Children Born out of Wedlock in MUI Fatwa No. 11/2012 and Child Protection
Year: 2024
Type: article
Abstract: The article "The Obligation of Male Adulterer's Expenditure on the Child of Zina: Analysis of Qawa'id Fiqhiyyah in MUI Fatwa No. 11/2012" discusses the legal obligations for men who cause the birth of adulterated children. The Indonesian Ulema Council (MUI) has issued Fatwa No. 11/2012 to respond to the anxiety of the Indonesian Muslim community after the decision of the Constitutional Court No. 46/2010. In the fatwa, MUI stipulates that adulterated children have no relationship of nasab, guardianship, or inheritance with the man who caused their birth. However, MUI sanctions male adulterers in the form of ta'zir through the government to provide for the children of adultery and requires them to make a mandatory will so that the inheritance can be distributed to the children after they die. The analysis of this article uses qawa'id fiqhiyyah to understand the legal obligations imposed on male adulterers. Therefore, this article emphasizes the importance of legal protection for adulterated children and protecting the interests of children, not to legalize the nasab relationship between children and gene fathers. This policy is also in line with the policy of the Republic of Indonesia in the Child Protection Law which regulates the interests of children. Thus, this article provides an in-depth insight into the legal obligation for adulterous men to provide for adulterated children based on MUI fatwa No. 11/2012, as well as its legal implications in the context of child protection.
Source: Ijtihad
Authors: A'zizil Fadli, Firdaus Firdaus, Rahmat Hidayat
Institution: Universitas Islam Negeri Imam Bonjol Padang
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415112344
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