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All Journal USRATUNA: Jurnal Hukum Keluarga Islam JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Aula Yazid, Nur
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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NAFKAH ANAK HASIL PERNIKAHAN FASID PERSPEKTIF FIKIH SYAFI’IYAH Aula Yazid, Nur; Al Amin, Habibi
USRATUNA: Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2024): USRATUNA: Jurnal Hukum Keluarga Islam
Publisher : Prodi  Ahwal al-Syakhsiyah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65356/usratuna.v8i1.705

Abstract

In the context of Islamic law, the fulfillment of child support is a primary obligation of parents as regulated by various legal sources, including the Qur'an, Hadith, and the views of both classical and contemporary scholars. However, issues arise when the child is born from an invalid marriage, known as nikah fasid. Nikah fasid refers to a marriage that does not fulfill one or more conditions and pillars required by Islamic law, rendering it null or invalid. This study is a qualitative literature review. The data in this research is analyzed descriptively. The primary sources for this study are the texts of the Shafi'i school of thought. Data were collected through documentation methods, selected, and analyzed using content analysis. The validity of the data was ensured through extensive literature review and sufficient references to enhance the credibility of the research findings. The results of the study indicate that, according to Shafi'i jurisprudence, from the perspective of the contract, an invalid marriage does not obligate the provision of financial support. However, considering the status of the child born from such a marriage, whose lineage is still attributed to the biological father, financial support must still be provided to protect the child’s rights in accordance with Islamic teachings.
Problem Perlindungan Hukum Terhadap Hak Nafkah dan Waris Anak luar Nikah dan Ibunya Tinjauan Maqāṣid al-Sharī'ah dan Keadilan Gender Aula Yazid, Nur; Huda, Afiful
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 5 No. 1 (2025): Nopember 2025
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

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Abstract

This study analyzes the legal protection issues concerning the civil rights of “anak oleh-oleh” (children born from relationships deemed illegitimate under Islamic law) and their mothers, particularly in relation to maintenance and inheritance rights. Employing a maqāṣid al-sharī‘ah approach and a gender justice perspective, the study aims to examine the gap between classical Islamic legal norms and contemporary demands for substantive justice. The research adopts a normative juridical method with conceptual and comparative approaches. The findings indicate that rigid interpretations of the concept of nasab (lineage) in classical fiqh have generated structural discrimination against children born out of wedlock and their mothers. Through the reactualization of maqāṣid al-sharī‘ah, especially the principles of ḥifẓ al-nasl (protection of lineage) and ḥifẓ al-māl (protection of property), combined with the integration of a gender justice perspective, this study proposes a more progressive conceptual reformulation to ensure fair and dignified legal protection for both children and mothers, without compromising the fundamental principles of Sharī‘ah.
Co-Authors Habibi Al Amin, Habibi Huda, Afiful