PEMBAGIAN HARTA WARISAN ANAK ZINA YANG BELUM MENIKAH (STUDI KOMPERATIF ANTARA PENDAPAT SYAFI’I DAN AHMAD BIN HAMBAL)

  • AHMAD ROFI’I ROFI’I Institut Agama Islam Edi Haryono Madani Riau (IAI EHMRI)
Keywords: Inheritance, Children, Adultery, Married

Abstract

The problem in this study is how to divide the inheritance of the children of adultery according to Syafi'i and Ahmad bin Hambal, how to compare the opinions of Syafi'i and Ahmad, how to analyze the opinions of Imam Syafi'i and Imam Ahmad bin Hambal regarding the distribution of the inheritance of the children of adultery. This research is library research. The data sources consist of primary and secondary sources of fiqh books and books related to research. Therefore, the compiler in approaching this problem uses descriptive analysis method. The conclusion of this study is as follows: If the two people who commit adultery are married while pregnant, then the marriage is invalid. However, if the marriage is held with the assumption that it is permissible and valid, as some scholars argue that it is permissible for a man who impregnates a woman with adultery to marry her to save the lineage of the child on the condition that both have repented of adultery and are known for certain. that it was the man who impregnated her. So in this case the marriage is categorized as a Syubhat marriage. That is, the marriage takes place with the assumption that it is permissible according to the Shari'a, when in fact it is not. This means that the marriage does not change the status of the child resulting from adultery as a child of adultery, he is still assigned to his mother and is not validly assigned to the man. However, if the marriage is held without the intention of being able to change the lineage of the adulterous child who is born, which means the adulterous man marries the woman he has committed adultery with, then it is permissible according to the agreement of the scholars.

Published
2022-12-27