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Lukito, Bagas
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Keputusan Muktamar NU (Nahdlatul Ulama') Ke-XXXI dan Fatwa Darul Ifta Mesir Mengenai Penetapan Nasab Anak Melalui Tes DNA (Deoxyribo Nucleic Acid) Lukito, Bagas
Jurnal Ilmu Syariah dan Hukum (JISYAKU) Vol 4 No 1 (2025): Jurnal Ilmu Syariah dan Hukum
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/650pcx91

Abstract

The determination of lineage (nasab) in Islamic law is a crucial issue, especially in cases where the paternity of a child is in question. The advancement of science, particularly through DNA testing, has provided a new method for determining lineage. However, this method raises questions regarding its compatibility with Islamic law. This research examines the decisions of the 31st Nahdlatul Ulama (NU) Congress and the fatwa from Darul Ifta Egypt regarding the use of DNA testing for determining lineage. The study aims to analyze the legal basis and implications of these decisions and fatwas in the context of Islamic jurisprudence. The research is normative juridical in nature, using a library research approach. Data sources include primary legal materials, secondary legal materials, and tertiary legal materials. The data analysis technique uses qualitative descriptive analysis with deductive conclusions. The findings indicate that both NU and Darul Ifta Egypt recognize the importance of DNA testing in determining lineage, but with certain conditions and limitations to ensure compliance with Islamic law. The study concludes that DNA testing can be used as a supplementary tool in determining lineage, provided it does not contradict the principles of Islamic jurisprudence.Keywords: DNA Testing, Lineage, Nahdlatul Ulama, Darul Ifta Egypt.
DETERMINING CHILDHOOD THROUGH DNA TESTING ACCORDING TO NAHDLATUL ULAMA AND FATWA DARUL IFTA EGYPT Lukito, Bagas; Hadi, Sutrisno; Fikri, Ikhwan
Muqaranah Vol 9 No 2 (2025): Muqaranah
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/muqaranah.v9i2.30423

Abstract

Nasab is one of the most important things in Islam, as it relates to one's rights and obligations in life. With the development of increasingly modern technology, DNA (Deoxyribo Nucleic Acid) tests can now be used as a tool to scientifically determine a child's nasab. The research method used is library research with a qualitative approach. Primary data was obtained from the decision of the XXXI Nahdlatul Ulama Congress and the fatwa of Darul Ifta Egypt, while secondary data was obtained from other sources relevant to the topic of this research, such as books, journals, and articles. The results showed that Nahdlatul Ulama through its decision; can deny ilhaq al-Nasab, but not necessarily be able to determine ilhaq al-Nasab, Meanwhile, Darul Ifta Egypt in its fatwa stated that the use of DNA tests allows for the determination of the child's lineage to be accepted in Islam in certain situations where there is no other way to establish lineage with sufficient confidence. DNA testing should be used as an objective and scientific tool to confirm family relationships with prudence, in establishing lineage as a solution when it is impossible or difficult to establish lineage by traditional or conventional means. This research is expected to contribute to understanding the views of Nahdlatul Ulama and Darul Ifta Egypt regarding the determination of children's nasab through DNA testing, and can be a reference for further research related to this topic. Keywords: Nasab; DNA; NU; Fatwa Darul Ifta.
Co-Authors Fikri, Ikhwan Sutrisno Hadi, Sutrisno