Tarihoran, Naf’an and Zulkarnain, Zulkarnain and Hidayat, Ahmad Status Anak Zina dalam Perspektif Hukum Islam dan Positif di Indonesia. QANUN: Journal of Islamic Laws and Studies.
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This research was conducted to determine the lineage status of adultery children in the perspective of Islamic law and Indonesian conventional law. With the normative legal research method, the data from this study were taken from legal material, both conventional and Islamic law. The findings of this study indicate that the lineage status of adultery children, both in the perspective of positive law in Indonesia and Islamic law, is the same. This research concludes, adultery children can only be assigned to their mother and family from the mother's side. A child of adultery can be assigned to a man who commits adultery if he marries his mother and is born "in" a legal marriage. As long as there is no denial, either by the man who committed adultery with his mother or by another man who married her, then the lineage of the adulteress child is followed by one of them. In fact, a biological child born out of wedlock who is not recorded can be assigned to his biological father if it can be proven by science or testimony.
| Tipe Item/Data: | Artikel |
|---|---|
| Informasi Tambahan: | https://asianpublisher.id/journal/index.php/qanun/issue/view/46 |
| Kata Kunci (keywords): | child of adultery; lineage; conventional law; Islamic law |
| Subjek: | 200 Agama > 205 Agama etika 2x1 Al Quran dan ilmu yang terkait > 2x1.1 Ilmu-ilmu Al-Quran |
| Divisi: | Magister > Ekonomi Syari'ah |
| User Penyetor: | Prof Nafan Tarihoran |
| Tanggal Disetorkan: | 29 Jan 2024 12:38 |
| Perubahan Terakhir: | 29 Jan 2024 12:38 |
| URI: | http://repository.uinbanten.ac.id/id/eprint/14071 |
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