Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam
Vol 11 No 2 Des (2008): Al-Qanun Vol. 10, No.2, Desember 2008

Anak Zina dalam Pandangan Hukum Islam

M. Lathoif Ghozali (Fakultas Syariah IAIN Sunan Ampel Surabaya)



Article Info

Publish Date
16 May 2016

Abstract

Adultery or fornication is a major sin Islam. Even though the doer is subject to heavy punishment, consented sex without marriage in form of prostitution and sex affairs remain at large. Islamic criminal law warn those who commit this sin with a hundred lashes if the doer is unmarried person, and with stoning to death if he or she is a married person as well as the denial of biological bond between the father and the born child. Nonetheless, even though during the time when the prophet was still alive, adultery was still evident as it is reported from some Prophetic Tradition about the case of Maiz and Ghamidiyya.Nowadays, with the presence of quarters for prostitution in big cities or small town, adultery seems to gain legal status in Indonesia. Such a decision has benefits, but its negative aspects are also several. There are more visits to the prostitution areas, more pregnancy, illegitimate and then deserted children which in turn create new social problems.The statistics from Directorate General for Social Service and Rehabilitation at the Ministry of Social Welfare shows that there are 3.488.309 deserted children, 1.178.824 infants, and 10.322.674 of those potentially to be deserted. Many of those children are resulted from adultery. Admittedly, Islam do not recognize hereditary sin, yet illegitimate children, especially of adultery, have to swallow social stigmatization from the time they are born, in school, in workplace, and in their marriage. This article describes adultery in Islamic law and its punishment. In addition, it also explains family lineage of children resulted from adultery, their guardianship, their inheritance, and their adoption.

Copyrights © 2008






Journal Info

Abbrev

qanun

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al-Qanun merupakan jurnal ilmiah dan media komunikasi antar peminat ilmu syariah dan hukum. Al-Qanun mengundang para peminat dan ahli hukum Islam maupun ilmu hukum untuk menulis hasil penelitian yang berkaitan dengan masalah syariah dan hukum. Tulisan yang dimuat tidak mencerminkan pendapat ...