<![CDATA[This article will explore The Verdict of Constitusion Court on unwed children status related
not only by mother but also by father. So, the verdict of Constitutional Court on unwed children
status was accordance with the intent of Shariâah. According to al-Thufi, the methode to
understanding mashlahah in muamalah can be done with reasonable consideration. Al-Thufi
say âal-Istiqlal al idrâk uqûl bi-wa al-mafâsid mashâlihâ. This principle argues that human
reason can find mafsadah and mashlahah independently. However, the independence of this
reason in finding mashlahah is not in all areas including worship, but just in muâamalah. The
principle of al-Thûfi emphasizing ratio is obviously very different compared to the other Ulama
Ushul. Independence of the al-Thûfiâs reason will be more apparent when listening to his
expression: âAmma mashlahah siyasa fi al-mukalllafîn huqûqihim fahiya maâlûmatun lahum
bihukmi al-Adah wa al-aqliâ. Therefore, According to Thufi, the verdict of Constitusion
Court on unwed children status is in accordance with the substantial of Syariâah.
Keywords: Putusan Mahkamah Konstitusi, Status Anak di Luar Perkawinan, Mashlahah]]>
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