PENETAPAN KESAHAN STATUS ANAK HASIL INSEMINASI BUATAN BAYI TABUNG: KAJIAN NILAI DAN DASAR HUKUM

Haerini Ayatina, S.H., NIM.: 21203011087 (2023) PENETAPAN KESAHAN STATUS ANAK HASIL INSEMINASI BUATAN BAYI TABUNG: KAJIAN NILAI DAN DASAR HUKUM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Artificial insemination of IVF is one method that is the answer for married couples to want children who have a direct relationship with their genetics. This must be accompanied by the existence of legal provisions that are in accordance with Islamic teachings, bearing in mind that it is not uncommon for Muslim couples to also use this method, so that questions or conflicts related to the legal status of children which are often debated in the realm of the general public can find answers. The purpose of this research is to examine, understand and analyze the legal basis for determining the legality of children resulting from artificial insemination of IVF in the fatwa of the Indonesian Ulema Council, Tarjih Muhammadiyah fatwa and Compilation of Islamic Law. The development of artificial insemination in Indonesia and the legal status of children born using the IVF artificial insemination method. This study also examines the values contained behind the legal provisions on the permissibility of artificial insemination as a mechanism for determining the legal status of children. This study uses a normative juridical approach by examining several legal rules that are written and used as primary data such as Law Number 1 of 1974 concerning marriage, Compilation of Islamic Law, Law on Child Protection and several other relevant provisions. The results of the study concluded that, first, the mechanism of artificial insemination legally can be used as a way to grant legal status to children as stated in the fatwa of the Indonesian Ulema Council, Tarjih Muhammadiyah fatwa and Compilation of Islamic Law and Law Number 1 of 1974 concerning marriage. The legal provisions stipulate that a child born through an artificial insemination process is a legitimate child based on the Qur'an Surah An-Nisa' verse 21, Q.S. Al-Baqarah verse 223, Ahmad's History of Hadith, and ijma'. Second, the values contained in the legal products of the Indonesian Ulema Council fatwa, Tarjih Muhammadiyah fatwa and the Islamic Law Compilation contain maqāṣid asy-syarīʿah values in the form of protection of offspring (ḥifẓ an-nasl) on the value of fulfilling the purpose of marriage, namely establishing the validity of children born, protection of the soul (ḥifẓ an-nafs) on the value of protecting family harmony, namely giving the right to subsistence and protecting life and maintaining honor by avoiding forms of disobedience (ḥifẓ al-'ird), and protection of the mind (ḥifẓ al-aql) in accommodation value of technology development and children's education. Third, the provision that a child born through an artificial insemination process is a legitimate child has an impact on the legitimacy of the child and has an impact on establishing the child's civil rights as other legitimate children in terms of guardianship rights, maintenance rights and inheritance rights.

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