Maqashid Sharia Perspective on Judges' Considerations in Determining the Origin of Children

This study aims to analyze the legal considerations of the Panel of Judges in granting the application for child origin at the Talu Religious Court in Determination Number 355/Pdt.P/2021/PA.Talu, and how these considerations are viewed from the maqashid sharia perspective. The research method used is normative juridical with a qualitative approach, where data is obtained through literature study and analyzed descriptively. The results showed that the Panel of Judges decided to accept/grant the petition after considering the evidence submitted, including testimonies and supporting documents regarding the applicants' siri marriage and household conditions. The decision was in accordance with maqashid sharia, which emphasizes the importance of preserving offspring (hifz al-nasl) and eliminating harms, especially in relation to obtaining legal documents to guarantee children's civil rights, such as nasab and inheritance rights.

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Publication Details

Journal
Al Ushuliy Jurnal Mahasiswa Syariah dan Hukum
Published
2025-06-30
DOI
https://doi.org/10.31958/alushuliy.v4i1.14319
Primary Topic
Linguistic, Cultural, and Literary Studies
Type
article
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article

Maqashid Sharia Perspective on Judges' Considerations in Determining the Origin of Children

Zulkifli Zulkifli, Elfia Elfia, Muchlis Bahar, Rizka 'Afifa Zulkifli
Al Ushuliy Jurnal Mahasiswa Syariah dan Hukum
Linguistic, Cultural, and Literary Studies
article

Maqashid Sharia Perspective on Judges' Considerations in Determining the Origin of Children

Zulkifli Zulkifli, Elfia Elfia, Muchlis Bahar, Rizka 'Afifa Zulkifli
article en

Abstract

This study aims to analyze the legal considerations of the Panel of Judges in granting the application for child origin at the Talu Religious Court in Determination Number 355/Pdt.P/2021/PA.Talu, and how these considerations are viewed from the maqashid sharia perspective. The research method used is normative juridical with a qualitative approach, where data is obtained through literature study and analyzed descriptively. The results showed that the Panel of Judges decided to accept/grant the petition after considering the evidence submitted, including testimonies and supporting documents regarding the applicants' siri marriage and household conditions. The decision was in accordance with maqashid sharia, which emphasizes the importance of preserving offspring (hifz al-nasl) and eliminating harms, especially in relation to obtaining legal documents to guarantee children's civil rights, such as nasab and inheritance rights.

Al Ushuliy Jurnal Mahasiswa Syariah dan HukumVol. 4(1)
Universitas Islam Negeri Imam Bonjol Padang
Openalex Percentile: Top 61%
Linguistic, Cultural, and Literary Studies
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Maqashid Sharia Perspective on Judges' Considerations in Determining the Origin of Children — Zulkifli Zulkifli, Elfia Elfia, et al. · Al Ushuliy Jurnal Mahasiswa Syariah dan Hukum (2025) | TGRS Research Map | TGRS