{"title":"伊本·泰米耶视角下DNA作为婚外子女后裔的确定","authors":"Achmad Fageh","doi":"10.15642/alhukama.2021.11.1.137-159","DOIUrl":null,"url":null,"abstract":"The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.","PeriodicalId":245959,"journal":{"name":"AL-HUKAMA'","volume":"39 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"DNA As The Determination of Descendant of Children Outside of Marriage Under The Perspective of Ibn Taimiyyah\",\"authors\":\"Achmad Fageh\",\"doi\":\"10.15642/alhukama.2021.11.1.137-159\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.\",\"PeriodicalId\":245959,\"journal\":{\"name\":\"AL-HUKAMA'\",\"volume\":\"39 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-06-23\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"AL-HUKAMA'\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.15642/alhukama.2021.11.1.137-159\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"AL-HUKAMA'","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.15642/alhukama.2021.11.1.137-159","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
本研究的重点是ibn Taimiyyah关于婚外儿童地位的伊智提哈德及其与确定DNA作为儿童地位的规范性证据的相关性。研究的目的是找出Ibn Taimiyyah的伊智提哈德与婚外儿童地位有关的结果及其与确定DNA作为有效儿童地位的相关性。这种类型的研究是在Majmu' Fatawa的书中使用描述性演绎分析的文学研究ijtihad Ibn Taimiyyah的形式。在伊斯兰教的观点中,孩子的确定具有重要的意义,通过解决可以了解孩子与父亲之间的关系。天父的决定是孩子出生在这个世界上的首要权利,必须实现。根据伊本·泰米亚的说法,通奸的孩子仍然可以被不忠的男人认出来,并与父母双方保持神圣的关系。通奸的孩子与男人有神圣的关系,只要男人把通奸的孩子当作他的儿子。然后根据伊本·泰米耶的观点,民事关系,包括继承、生活和不忠的孩子与承认孩子因通奸而被切断的通奸男子的监护权,伊本·泰米耶的观点与Mk No. 46/PUU-VIII/2010的判决有很强的相关性,即他的父亲肯定了一个未婚的孩子与他的亲生父亲和父亲的家庭有血缘关系和民事关系,并通过DNA测试证明。非婚子女与其生父的法律关系产生了相应的权利和义务。
DNA As The Determination of Descendant of Children Outside of Marriage Under The Perspective of Ibn Taimiyyah
The focus of this study was ibn Taimiyyah's ijtihad on the status of children outside marriage and its correlation with the determination of DNA as normative evidence of child status. The purpose of the research was to find out the results of Ibn Taimiyyah's ijtihad related to the position of children outside marriage and its correlation to the determination of DNA as a valid child status. This type of research is in the form of a literature study ijtihad Ibn Taimiyyah in Majmu' Fatawa's book using descriptive deductive analysis. The determination of child' in Islamic perspective has significant meaning, with resolution can be known relationship between child and father. His Father's decision is the first right of a child when it is born into the world that must be fulfilled. According to Ibn Taimiyyah, adulterous children can still be recognized by unfaithful men and have mahram relationships with both parents. Adulterous children have mahram relationships with the man, provided that the man realizes the adulterous child as his son. Then according to Ibn Taimiyyah's view, civil relations, both inheritance, living, and guardianship of unfaithful children with adulterous men who admit the child is severed due to adultery, Ibn Taymiyyah's opinion has a solid correlation with the verdict of Mk No. 46/PUU-VIII/2010, namely the affirmation of his father of an unmarried child having a blood relationship and civil relations with his biological father and father's family as evidenced by DNA tests. The legal relationship of an out-of-wedlock child with his biological father gives rise to the right and obligation in return.