Hubungan Nasab Anak Hasil Zina dalam Putusan Pengadilan Agama Kebumen Nomor 802/Pdt.G/2022/PA.Kbm Perspektif Hukum Keluarga Islam Dan Putusan Mahkamah Konstitusi Nomor 46/PUU-VIII/2010

Abstract

This research aims to determine the relationship between lineages (kinship) of children resulting from adultery. That children resulting from adultery in the view of Islamic family law only have a civil and lineage relationship with their mother and her mother's family. This situation is a different view if you look at the Constitutional Court decision Number 46/PUU-VIII/2010 which states that children outside of marriage have a civil relationship with their biological father and their father's family if they can be proven using knowledge and technology with evidence such as DNA. This research explains the relationship between the fate of children resulting from adultery according to Islamic family law and the perspective of the Constitutional Court decision No. 46/PUU-VIII/2010 on the decision of the Kebumen Religious Court Number 802/Pdt.G/2022/PA.Kbm. The method used in this research is a type of normative juridical research. The primary material for this research comes from the Kebumen Religious Court Decision Number 802/Pdt.G/2022/PA.Kbm, Constitutional Court Decision Number 46/PUU- VIII/2010, books, theses, journals related to this issue. The approach that the author uses is a case approach. Meanwhile, the data analysis method that the author uses is descriptive qualitative. Based on the analysis carried out by the author, it is clear that the child resulting from adultery in the decision of the Panel of Judges at the Kebumen Religious Court Number 802/Pdt.G/2022/PA.Kbm has determined based on Islamic law that the child mentioned in the decision cannot obtain a lineage or civil rights from the father. biologically because the child is the result of adultery.