ولد الزنا في الفقه الإسلامي والقانون البروناوي

Abstract

Preserving lineage is one of the five principles from Maqasid Syarie. Therefore, Islam encourages its people to have a legal relationship through marriage and forbids adultery. Adultery can split family, descent and the birth of an adulterous child. The issue regarding the lineage of an adulterous child needs to be emphasized because it has different rights from a legitimate child. Therefore, this study discusses the comparison between two laws, Islamic law and Brunei law on adulterous child in terms of definition, pregnancy period, factors and methods of lineage conviction. The study uses two methods and it is descriptive methods and field research methods. The findings of the study found that the scope of Fiqh is clearer and detailed in discussing the child of adultery or the child of legal status. In addition, the study shows that there are similarities in terms of Fiqh and Brunei laws because Shariah laws in Brunei itself is based on Shariah rulings, although the scope of Brunei law is limited and smaller in terms of practice. Apart from that, Brunei law emphasizes the welfare of adultery child through provisions on Hadanah, Nafkah and benefits.