Status Nasab Anak Di Luar Nikah Akibat Dihamili Oleh Mahrom Dalam Perspektif Hukum Islam

Abstract

This research is based on the existence of problems that occur in the community, which involves the Status of Children Outside Marriage Due to Being Impregnated by Mahromnya. This study aims to find out the status of the nasab of children born from blood relations, in this study, the researcher also proposed the determination according to the Perspective of Islamic Law. The method used in conducting this research is using field research with a qualitative approach in which data collection is carried out through interviews, observations, and documentation.

Based on the results of this study, it can be concluded that the Status of the Destiny of Children Outside of Marriage Due to Being Impregnated by Mahrom In the Perspective of Islamic Law, the Status of the Child's Destiny is the same as the determination of the child as a result of adultery or extramarital affairs. Namely, the child cannot be attached to the father, as well as the guardianship and inheritance rights. Children cannot get inheritance rights from the father and fathers cannot be the guardians of the child. However, in the eyes of the law, the child is still the child of his biological father. It's just that he cannot be attributed to the father, but he only has a nasab relationship with the mother and the mother's family.