Telaah Kritis Terhadap Argumen Mayoritas Ulama Tentang Nasab Anak Zina

Muhammad, Muhammad (2020) Telaah Kritis Terhadap Argumen Mayoritas Ulama Tentang Nasab Anak Zina. Islamica: Jurnal Studi Keislaman, 14 (2). pp. 194-219. ISSN 2356-2218

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Abstract

The lineage of the children of adultery as agreed by religious scholars (‘ulamā’) and Indonesian Ulama Council (MUI) is ascribed to the mother, not the father. This is due to the unclarity of the marital bond between the woman and the man who conduct adultery,and due to the uncertainty of sperms that fertilize the ovum (egg cell) of a woman. Consequently, the children of adultery become exiled and marginalized in society, bearing mistakes of their ‘parents’. In fact, Islam has emphasized that every child born is essentially chaste. If the child born from adultery is ascribed to the mother, he/she does not have whatever rights from the father. Therefore, it is important to review the question regarding the lineage of the children of adultery, in order to determine the future of the children. Based on the literature research with critical analysis method, this article argues that the children of adultery remain to be biologically ascribed to the father together with their rights from the latter. The children born from adultery do not bear the mistakes of their ‘parents.’ In the contemporary era, to determine the children lineage can use such a tool as DNA test that is believed as accurate.

Item Type: Journal Article
Keywords: Children of adultery; biological father; critical analysis
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180114 Human Rights Law
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220403 Islamic Studies
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220405 Religion and Society
22 PHILOSOPHY AND RELIGIOUS STUDIES > 2204 Religion and Religious Studies > 220499 Religion and Religious Studies not elsewhere classified
Divisions: Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User: Dr. Muhammad, Lc., M.Th.I
Date Deposited: 09 May 2020 17:48

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