Yasin, Ikhsan Fatah (2016) Analisis Putusan Mahkamah Konstitusi No. 46/PUUVIII/2010 tentang pengujian UU NO. 1 Tahun 1974 dalam konsep Laqith dan Wasiat Wajibah - Analysis of Constitutional Court Decision No. 46 /PUU-VIII / 2010 on Judical Review Act No. 1 of 1974 in The Concept Laqith and Wasiat Wajibah. Jurnal SMART - Studi Masyarakat, Religi, dan Tradisi, 2 (1). pp. 95-105. ISSN 2528-553X
Ikhsan Fatah Yasin_jurnal_Analysis of Constitutional Court Decision.pdf
Available under License Creative Commons Attribution.
Download (888kB)
Abstract
Constitutional Court Decision No. 46 / PUU-VIII / 2010 raises the pro and contra in the society, the side of the pro considers the Constitutional Court decision is justice for women who are victims of fraud or wedding sirri, also to the children born from this relationship. For contra, the decision of the Constitutional Court has strayed far from Islamic law, even considered legalizing adultery. In this research, writer used a qualitative approach, writer decipher Constitutional Court Decision No. 46 / PUU-VIII / 2010 and then analyze them using concepts laqith and wasiat wajibah, laqith researchers use to justify their obligations towards their children’s biological father was borrowed and used as solutions to problems of inheritance of children outside of marriage. So, the writer concluded that based on these two concepts, the Constitutional Court Decision No. 46 / PUU-VIII / 2010 does not conflict with Islamic law.
Item Type: | Article |
---|---|
Additional Information: | https://blasemarang.kemenag.go.id/journal/index.php/smart/article/view/300 |
Creators: | Creators Email NIDN Yasin, Ikhsan Fatah ikhsan.fatahyasin@gmail.com 2017058901 |
Uncontrolled Keywords: | Constitutional Court Decision No.46/PUU-VIII/2010; laqith; was borrowed; Law No.1In 1974; the child status married affairs |
Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012899 Islamic Family Law not elsewhere classified |
Divisions: | Fakultas Syariah dan Hukum > Hukum Keluarga Islam |
Depositing User: | S.Pd.I Abdun Nashir |
Date Deposited: | 14 Jul 2022 08:32 |
Last Modified: | 20 May 2024 04:09 |
URI: | http://repository.uinsa.ac.id/id/eprint/2641 |