NASAB ANAK HASIL ZINA STUDI KOMPARATIF PANDANGAN IBNU TAYMIYYAH DAN TAQIYYUDDIN AS-SUBKI

Muhamad Al Fanni Nurfiqri, NIM.: 22103060058 (2026) NASAB ANAK HASIL ZINA STUDI KOMPARATIF PANDANGAN IBNU TAYMIYYAH DAN TAQIYYUDDIN AS-SUBKI. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study examines the comparative views of Ibn Taymiyyah and Taqiyyuddin al-Subki regarding the legal status of the lineage (nasab) of children born as a result of adultery. The study is motivated by the differences in the methods of legal reasoning (istinbāṭ al-aḥkām) employed by the two scholars in interpreting the prophetic tradition (ḥadīth) al-walad li al-firāsh wa li al-'āhir al-ḥajar, particularly in determining the legal relationship between a child born out of wedlock and his or her biological father. Furthermore, this study aims to explain the relevance of these two perspectives within the context of the development of contemporary Islamic family law in Indonesia. This study analyzes both perspectives by employing John Austin's Positive Law Theory (command theory of law) as its analytical framework, using four principal indicators: command, sovereign, sanction, and the separation thesis, which distinguishes the domain of law from that of morality. This research adopts a qualitative approach based on library research and employs descriptive, analytical, and comparative methods. The findings indicate that, within Austin's theoretical framework, both juristic opinions may be classified as forms of positive morality, namely norms that derive their authority from scholarly acceptance and communal recognition rather than direct state coercion, insofar as they have not been formally adopted by the sovereign authority of the state. Ibn Taymiyyah's opinion demonstrates significant structural compatibility with the Constitutional Court Decision Number 46/PUU-VIII/2010, which recognizes the civil relationship between a child born out of wedlock and his or her biological father when such a relationship can be established through scientific and technological evidence. Both approaches apply Austin's separation thesis by distinguishing the moral assessment of adultery from the legal assessment of the rights of children born as a consequence of that act. Conversely, al-Subki's opinion reflects the position embodied in Article 100 of the Compilation of Islamic Law (Kompilasi Hukum Islam), which limits the legal lineage of children born outside marriage exclusively to their mothers and their maternal families.

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