DNA as the determination of descendant of children outside of marriage under the perspective of Ibn Taimiyyah

Fageh, Achmad (2021) DNA as the determination of descendant of children outside of marriage under the perspective of Ibn Taimiyyah. AL-HUKAMA' : THE INDONESIAN JOURNAL OF ISLAMIC FAMILY LAW, 11 (01): 6. pp. 137-159. ISSN 2089-7480; 2548-8147

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Abstract

The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with determination can be known relationship between child and father. Besides, His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.

Item Type: Article
Creators:
Creators
Email
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Fageh, Achmad
achmadfageh@gmail.com
0703067304
Uncontrolled Keywords: DNA; descent determination; extramarital, Ibn Taimiyah
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012828 Islamic Family Issues & Mediation/Arbitration
Divisions: Fakultas Syariah dan Hukum > Hukum Keluarga Islam
Depositing User: Achmad Fageh
Date Deposited: 04 Sep 2021 17:27
Last Modified: 04 Sep 2021 17:27
URI: http://repository.uinsby.ac.id/id/eprint/824

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