Studi Analisis Terhadap Pendapat Imam Syafi’i Tentang Kebolehan Menikahi Anak Biologis

Abstract

Every human being born in this world does not want to be born from the consequences of adultery, even if every child born is not pregnant sin. Children born as a result of adultery cause problems and legal consequences in the legal status of the right to earn a living and inheritance. This research is a type of library research qualitative. All data is collected by reading and analyzing Data sources, both primary and secondary data, are analyzed thoroughly inductive and comparative.

First. According to Imam Syafi'i's opinion, marriage laws are divided into obligatory, sunnah, permissible, haram and makruh depending on the situation and circumstances of the person who wants to get married. Second. Women who are forbidden to marry according to Imam Syafi'i's opinion are sometimes forbidden forever, namely because of lineage, because of radha' (milk), and because of mushaharah (semanda). Meanwhile, those who are temporarily haram include aunts-in-law, other people's wives, sisters-in-law, women who are still in the iddah period, and wives who have been triple divorced. Third. According to Imam Syafi'i, children born as a result of adultery may be married by their biological father, accompanied by makruh as a reason to get away from the mistakes of the Hanafiyah ulama who forbid such marriages. Imam Syafi'i's reason that children resulting from adultery can marry their biological father is because there is no honor for the semen that comes out of adultery, because something that is haram (adultery) cannot forbid what is halal.