Article 43 paragraph (1) of Law No. 1 of 1974 Concerning Marriage (hereinafter referred to as the Marriage Law) only mentions the civil relations of children born outside of marriage, i.e., children born outside of marriage only have civil relations with their mothers and their mothers' families, while their rights that must be protected as human beings lack clear and detailed provisions. The normative juridical approach is utilized in the preparation of this study. The purpose of this study is to explain the position of children born out of wedlock based on the considerations of the Constitutional Court judges in the decision 46/PUU-VIII/2010 based on the opinion of experts and the position of children born out of wedlock based on the Constitutional Court decision 46/PUU-VIII/2010 reviewed from the perspective of Islamic law. The condition of children born outside of marriage, according to the judge's reasoning in judgment Number 46/PUU-VIII/2010, is that Article 43 paragraph (1) of the Marriage Law is deemed unjust to the child and in violation of the Constitution, namely. "Everyone has the right to marry and have children in a legal marriage." This provided the basis for the Constitutional Court's decision 46/PUU-VIII/2010, which established the rule in Article 43 paragraph (1) of the Marriage Law that will result in an out-of-wedlock child having civil connections with his mother, her relatives, and men. - A guy who can be confirmed to be the father through science, technology, and/or other legal evidence has blood links, including civil relations, with his father's family. According to the judge's analysis in decision Number, 46/PUU-VIII/2010 in the context of Islamic Law, a child born out of wedlock in the sense that a child born out of wedlock has sexual relations outside of wedlock has only a family link with his mother and his mother's family.