الأدلة المثبتة للنسب في الفقه الإسلامي والقانون البروناوي

Abstract

In Fiqh al-islami, the Fuqaha’ have used Hadith Prophet Muhammad Peace be upon him : » Al-waladu lil-firÉsh walilÑÉhir alÍajar « as the main key to find biological father. It can be proven from the period of pregnancy. If a mother or a wife born a baby at minimum six month qamariah or not long than four month qamariah based on Islamic lunar calendar. If the baby was born less than six month the child will be consider doesn't have any lineage with his father or in feqh islami it is called as " al-waldu azzina".The fuqaha’ have identified that there are three main reason to make sure the father can be a biological from his son . It is must be from nikah sahih, nikah fathid and wati’ bi-shubhah. If the baby was born from this marriage the boy will be a biological to his father.From this thesis, it can solve some problems that happens among Bruneians especially identify blood lineage to prevent the child from being orphan because leaved by family etc.