JURNAL MAHKAMAH
Vol. 10 No. 1 June (2025)

Islamic Legal Review on Granting a Surname to an Illegitimate Child (Case Study in Pangururan Village, Sumbul District)

Jateng GP. Siburian (Unknown)
Ilhamsyah Pasaribu (Unknown)



Article Info

Publish Date
28 Aug 2025

Abstract

This study aims to examine the Islamic legal perspective on the practice of granting clan names to children born out of wedlock in Pangururan Village, Sumbul District. This phenomenon is noteworthy because the granting of a clan name is part of the Batak Toba tradition, which holds social, kinship, and identity values, while in Islamic law, the lineage of a child born out of wedlock is subject to specific regulations. The study employs a qualitative method with a case study approach, using in-depth interviews, observation, and document analysis. The findings reveal that the granting of a clan name to children born out of wedlock in Pangururan Village is carried out to preserve family dignity, strengthen social relations, and prevent discrimination against the child. However, from an Islamic legal perspective, the lineage of a child born out of wedlock can only be attributed to the mother and her family, not to the biological father or his family. Therefore, granting a clan name that implies lineage to the biological father is not in accordance with the principles of lineage in Islamic law. The study recommends dialogue between traditional leaders and local scholars to find solutions that respect cultural values while adhering to the provisions of Islamic law.

Copyrights © 2025






Journal Info

Abbrev

JM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, ...