Claim Missing Document
Check
Articles

Found 2 Documents
Search

DNA Testing and Nafyu al-Nasab: A Comparative Study of Ali Jum'ah’s Fatwa and Its Socio-Legal Implications in Global Jurisdictions Wawan Hermawan; Mohammad Rindu Fajar Islamy; Baidhillah Riyadhi; Kamaludin Kamaludin
Khazanah Hukum Vol. 8 No. 2 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i2.52785

Abstract

This article analyzes the existence and juridical status of DNA testing in the determination (ithbāt) (establishment of lineage status) and negation (nafy) (denial, annulment, or rejection of lineage relationship) of lineage within the framework of Islamic family law through the perspective of the fatwas of Ali Jum’ah. The rapid development of forensic genetic technology has challenged the classical Fiqh framework, which traditionally recognizes liʿān (as the only legitimate mechanism for denying lineage). This study aims to reassess the relevance of Ali Jumʿah’s legal reasoning in the contemporary context by comparing legal approaches in Indonesia, selected Middle Eastern countries, and Western jurisdictions. This research employs a juridical-normative approach combined with comparative legal analysis and socio-legal perspectives. The study analyzes authoritative literature, fatwas of Islamic institutions, statutory regulations, and selected judicial decisions related to paternity determination and denial. The findings demonstrate that Middle Eastern legal systems generally recognize DNA evidence as qarīnah qawiyyah for verifying lineage but reject its use for nafyu al-nasab, consistent with Ali Jumʿah’s fatwa. Indonesia adopts a moderate approach, allowing DNA as corroborative evidence for determining biological relations but not as an independent basis for denying nasab in Islamic law. In contrast, Western legal systems treat DNA evidence as the primary determinant of paternity regardless of marital status. This study contributes to the development of an integrative framework for Islamic family law reform, proposing that DNA testing should function as strong corroborative evidence within a maqāṣid al-sharīʿah (Objectives of Shariah) framework that prioritizes the protection of lineage (ḥifẓ al-nasab), family stability, and the rights of the child.
IRE Teachers’ Perceptions and Prevention of Student Sexual Deviance in Bandung High Schools Salis Salis; Wawan Hermawan; Agus Fakhruddin
IJECA (International Journal of Education and Curriculum Application) Vol 9, No 1 (2026): April
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/ijeca.v9i1.37761

Abstract

The phenomenon of risky sexual behavior in contemporary urban settings has undergone a significant shift due to the normalization of digital culture. This study aims to explore Islamic Religious Education (IRE) teachers' perceptions of adolescent sexual behavior and to examine the strategic measures undertaken to mitigate it within senior high school contexts. Employing a descriptive qualitative approach, data were collected through in-depth interviews with seven IRE teachers in Bandung, Indonesia, selected via purposive sampling. Data were analyzed using the Miles and Huberman interactive model, involving data reduction, data display, and conclusion drawing to ensure analytical rigor. The findings reveal a normative–religious framework categorizing adolescent dating as sexual deviance based on the sadd al-dharī‘ah (blocking the means to sin) principle. Crucially, this study identifies a Parental Paradox, where parents permit heterosexual dating to prevent perceived greater deviations like LGBT. While teachers implement religious habituation and environmental engineering, effectiveness is hindered by a professional competence gap in psychological counseling. This study advocates for shifting IRE toward a religiously sensitive counseling model. Practically, educational authorities must integrate adolescent psychological competencies into the IRE curriculum to address contemporary sexuality issues more transformatively.