Analisis Putusan MK No. 46/PUU-VIII/2010 tentang Status Anak Hasil Nikah Siri Perspektif Maqāsid Syarī’ah Imām Al-Syātibī

The Constitutional Court's decision Number 46/PUU-VIII/2010 concerning the status of children born out wedlock is a revolutionary made by Court. stated that not only have civil relationship with mother and their mother's family, but also biological father father's family which can be proven based on development science technology. changes occur in Article 43 paragraph (1) implications for Islamic law Indonesia. new interesting if reviewed using maqāṣid syarī'ah analysis library research, documentation data collection techniques, uses two sources, primary secondary. results showed according to analysis, did violate rules syara', because it contained maṣlaḥah (goodness) contain elements ḍarar (damage) decision. This line principles syarī'ah, namely ḥifẓ al-dīn (protection faith or religion), al-nafs life), al-‘aql intellect), al-nasl lineage ancestry) al-māl property wealth). implication this same rights as from legal marriages, right father, earn living, inheritance equality before law.