E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 4, 2023

Legal Protection Efforts for Children Resulted from Adultery through Obligatory Wills According to the Fatwa of the Indonesian Ulema Council (MUI) Number 11 of 2012

Author(s): Arsudian Putra, Azhari, Darmawan


The decision of the Constitutional Court (MK) No.46/PUU/VIII/2010 has caused controversy among Islamic jurists and also practitioners of Islamic law in Indonesia, some accept it and some reject it. It is feared that this is a way of legalizing adultery and violating the Shari'ah by assigning a child out of wedlock to his biological father. The Indonesian Ulema Council (MUI) responded by issuing Fatwa No.11 of 2012. In this fatwa, children resulting from adultery have no family ties, marriage guardians, inheritance and maintenance while the rights that must be given by his biological father are in the form of growth and development costs to meet his needs and a mandatory will as compensation for the absence of an heir. Thus, the Fatwa Commission of the MUI has certain legal protection reasons in granting the obligatory will. The main problems of the research are the legal protection efforts for children resulting from adultery through a mandatory will according to the results of the MUI Fatwa No.11 of 2012.

Keywords: Legal Protection, Children from Adultery, Obligatory Wills

Pages: 495-499

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