TINJAUAN MAṢLAHAH MURSALAH TERHADAP PUTUSAN MAHKAMAH KOSNTITUSI NOMOR 46/PUU-VII/2010 TENTANG NASAB ANAK DI LUAR NIKAH DENGAN AYAH BIOLOGIS

The decision of the Constitutional Court which stipulates the civil rights of children out of wedlock to biological fathers is still controversial. So it is interesting to analyze the rights of children, in this case it focuses on the lineage of children out of wedlock. Because lineage is an important thing that must be maintained as summarized in one of the pillars of maqāṣid syarī'ah, namely maintaining offspring (hifẓu an-Naṣl). The purpose of this study was to determine the lineage of children out of wedlock in the decision of the Constitutional Court Number 46/PUU-VIII/2010 by using the theory of maṣlahah mursalah. The method used in this research is using a normative approach to the type of research library research / library research. The results of this study indicate that what is meant by an illegitimate child in the decision of the Constitutional Court is a child born from a sirri marriage. That way the child has the right to get his rights as other legitimate children. Judging from the theory of maṣlahah mursalah, the decision of the Constitutional Court Number 46/PUU-VIII/2010 is in line with the requirements for determining the ijtihad ma'lahah mursalah method