الأحكام المتعلقة بأبناء الزنا في الفقه الإسلامي

Abstract

Status of illegitimate child often bring problems to the children themselves when they grow up, not only in their social status, but also to their religion. These brought implications towards the society, whether in their surname, social life or entitlement. They are not considered unusual among the society as many of them did not aware of their existence. This is because no statistic regarding the illegitimate child shown to them. In truth, this case manage to cause distraction among the society. Meanwhile, there are some parents who put their surname as their child’s surname which is illegal in Islamic Laws. It happened perhaps because of their ignorant and lack of religious knowledge on illegitimate children in terms of entitlement, but in truth, illegitimate is considered have no ties with their illegitimate father in terms of inheriting, will, custodian, godparent (wali). Therefore, this matter has led researchers to discuss the legal title - the law relating to the illegitimate child in the Islamic jurisprudence. Thesis is made to research the illegitimate child, but it also includes aspects of society. Thesis consists of five clause. The first clause: explain the meaning of adultery and fornication sentence. Second clause: explain the meaning of illegitimate child, abortion law and their position in society. The third clause: talking about the law of illegitimate child in the family such as consanguinity, “mahram” and guardian. The fourth clause describes the rights of illegitimate child in the family such as the right to education, care, feeding, expenditure and inheritance. The last clause deals with the Diah Õqul, the sentence if a father kills the son of adultery, and thier testimony.