UDTR Global Rights of Nature Radar

Comparison of Supporting Laws for Children Born Out of Wedlock: Study of Aceh MPU Fatwa No. 18/2015 and MUI Fatwa No. 11/2012 from the Maqasid Shari'ah Perspective

Identification

Public canonical key

doi:10.47766/al-hiwalah.v5i1.7654

Authors

Zuniar Zega · Nanda Riswanda Pohan · Shalawati Shalawati · Laila Pitri · Junaidi Junaidi

Reported year

2026

Reported language

en

Source type

article

First detected

2026-11-09T19:04:47.762524+00:00

Last metadata observation

2026-11-09T19:04:47.762524+00:00

Last HTTP verification

Not checked

Institutions reported by the source

Universitas Islam Negeri Sultan Syarif Kasim Riau · Universitas Serambi Mekkah

Reported affiliation countries

ID

Documentary abstract — original language

This study examines the differences in legal reasoning between MPU Aceh Fatwa No. 18 of 2015 and MUI Fatwa No. 11 of 2012 regarding the maintenance rights of children born out of wedlock in Indonesia. The main issue addressed in this research concerns the legal responsibility of biological fathers toward children born from non-marital relationships and the extent to which Islamic law can address contemporary demands for child protection without undermining the principle of lineage (nasab). This research aims to analyze the methodological framework of both fatwas and evaluate their relevance within the framework of Islamic family law and Indonesian positive law in light of Constitutional Court Decision No. 46/PUU-VIII/2010. The study employs normative legal research using statutory, conceptual, and comparative approaches. Primary legal materials include the two fatwas, legislation, court decisions, classical Islamic jurisprudence, and contemporary scholarly opinions, while secondary materials consist of books, journal articles, and previous studies. The findings reveal that both fatwas agree that children born outside of marriage have lineage relations only with their mothers and maternal families. However, they differ significantly regarding financial responsibility. The MPU Aceh strictly denies the biological father’s obligation to provide child support, whereas the MUI introduces ta’zir and wasiat wajibah as mechanisms to ensure the child’s welfare without recognizing lineage. The study concludes that the MUI’s approach is more contextually appropriate and aligned with the objectives of Islamic law (maqasid al-syari‘ah) and contemporary child protection principles in Indonesia.

Identifiers

OPENALEX

W7218929423

DOI

10.47766/al-hiwalah.v5i1.7654

Documentary context

Documentary family

Scholarship

Source-reported types

article

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

• DOI · https://doi.org/10.47766/al-hiwalah.v5i1.7654
• OpenAlex · https://openalex.org/W7218929423

Documented bibliographic relations

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• openalex:w4415148624 · CITES

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Documentary status

Relevance pending

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