Juridical Analysis of the MUI Fatwa Number 11 of 2012 Against the Decision of the Ngawi Religious Court Number: 25/Pdt.P/2021/PA.Ngw

Abstract

The renewal of Islamic family law in Indonesia represents a dynamic response to social developments and the need to fulfill legal protection. In this context, fatwas issued by the Indonesian Ulema Council (Majelis Ulama Indonesia/MUI) function as instruments of collective ijtihad with the authority to address the problems of the Muslim community. One such issue concerns Islamic family law, particularly the legal status of children born out of wedlock. Decision of the Ngawi Religious Court Number 25/Pdt.P/2021/PA.Ngw demonstrates how an MUI fatwa was used as one of the bases in the judge’s legal considerations. As a result, the decision expands legal protection for children while simultaneously reflecting the spirit of legal reform grounded in the principles of progressive law: law is for humans, not humans for the law. The research findings indicate that MUI fatwas serve as a moral–juridical foundation that broadens the scope of judicial interpretation, enabling the Ngawi Religious Court to issue a ruling that provides a basis for granting maintenance rights and legal protection to children born out of wedlock, even though they formally do not yet have a lineage (nasab) relationship with their biological father. This progressive legal approach not only addresses the need for child protection but also encourages the renewal of Islamic family law to be more responsive to the pursuit of public welfare (maslahah).