Legitimate and Illegitimate Children Post the Constitutional Court Ruling No. 46/PUU-VIII/2010 (A Study on the Theory of Dignified Justice)"

Abstract

The similarity in the Protection of Rights for Illegitimate Children between Islamic Law and Positive Law is that illegitimate children have certain rights from their parents, including the right to parental authority, care and education, inheritance, and family name. The difference lies in the legal status of the children. According to Islamic law, illegitimate children possess a legal relationship with their mother and her family. Conversely, Positive Law asserts that illegitimate children maintain a legal relationship with both their mother and her family, as well as their biological father, when substantiated through evidence conforming to prevailing legal standards.