ANALISIS MAQASID ASY-SYARI’AH JASSER AUDA TERHADAP DISPARITAS PENETAPAN ASAL-USUL ANAK BIOLOGIS DI LUAR NIKAH (STUDI PENETAPAN NOMOR 151/Pdt.P/2020/PA.Cbn DAN NOMOR 283/Pdt.P/2020/PA.Bjm)

Noor Kholisah Sari Dewi, NIM.: 20103060084 (2024) ANALISIS MAQASID ASY-SYARI’AH JASSER AUDA TERHADAP DISPARITAS PENETAPAN ASAL-USUL ANAK BIOLOGIS DI LUAR NIKAH (STUDI PENETAPAN NOMOR 151/Pdt.P/2020/PA.Cbn DAN NOMOR 283/Pdt.P/2020/PA.Bjm). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of unregistered marriages raises problems, especially regarding the status of children and also the child's civil relationship with their biological parents. In order for a child to receive legal recognition, it is necessary to apply for a determination of the child's origins to the Religious Court. In fact, not all requests are granted by the Court, although many are accepted. This thesis will discuss the decisions of the Cibinong Religious Court and the Banjarmasin Religious Court which have different decisions. Therefore, the author feels it is necessary to conduct research on determining the origins of biological children outside of marriage in decision number 151/Pdt.P/2020/PA.Cbn and decision number 283/Pdt.P/2020/PA.Bjm. with the formulation of the problem, first, what is the disparity in the judge's considerations and legal consequences in Decision Number 151/Pdt.P/2020/PA.Cbn with Decision Number 283/Pdt.P/2020/PA.Bjm regarding determining the origin of biological children outside wedding?. Second, what is Maqāṣīd Asy-syarī'ah Jasser Auda's analysis of the Religious Court Decision Number 151/Pdt.P/2020/PA.Cbn and Decision Number 283/Pdt.P/2020/PA.Bjm concerning Determining the Biological Origin of Children in outside of marriage?. This type of research is normative research using a juridical approach and Maqāṣīd Asy-syarī'ah. Data was obtained from copies of the decisions of the Cibinong and Banjarmasin Religious Courts. Data were analyzed using descriptive analysis techniques to explain the similarities and differences in the basis of the judge's considerations and to analyze the decision using Maqāṣīd Asy-syarī'ah Jasser Auda. The results of this research show that: 1) both religious courts consider the validity of the applicant's marriage. However, in deciding cases, there are disparity in decisions due to different judges' considerations, resulting in disparity in different legal consequences, where the granted request can produce a birth certificate and have a civil relationship with both parents. Meanwhile, those who are rejected cannot have a birth certificate produced and still have a civil relationship with their mother and their mother's family only. 2) the decision regarding the determination of the origins of biological children outside the second marriage of the Religious Court after being analyzed using six systems approaches (system approach) shows that the Cibinong Religious Court's decision to grant it brings more benefits and is in line with the Maqāṣīd Asy-syarī'ah promoted by Jasser Auda which highly upholds the principles of human rights, humanity, justice and equality.

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