STATUS NASAB ANAK DI LUAR NIKAH (Studi Analisis Putusan MK Nomor 46 /PUU - VIII/2010 Perspektif Maqashīd Al-Syarī‘ah Jasser Auda)

The child's lineage statusis a matter in Islamic family law that must be taken seriously. There is a decision of the Constitutional Court Number 46/PUU-VIII/2010 which results in a decision that a child out of wedlock has a civil relationship with his biological father as proven based on science and technology and/or other evidence according to the law having a blood relationship, including a civil relationship with the family his father. This decision has drawn a lot of controversy, especially in conflict with Article 43 of Law No. 19 of 2019 regarding the lineage status of children out of wedlock. So it is interesting to analyze from the point of view of Jasser Auda's maṣlahah mursalah. The purpose of this study was to analyze the nasab status of children out of wedlock after the decision of the Constitutional Court Number 46/PUU-VIII/2010 by using the theory of maṣlahah mursalah Jasser Auda. The method used in this study is a qualitative method using a normative juridical approach and the type of library research. The results of this study indicate that the nasab status of the child referred to in the decision of the Constitutional Court is a child born from a sirri marriage. With the consideration that the marriage is legal according to religious norms, but prior to this decision, legal norms reduce it to be invalid. Thus, children born from such marriages are entitled to their civil rights as legitimate children in general