Penetapan nasab anak di luar pernikahan perspektif fiqih munakahah

Hak anak dan tanggung jawab ayah biologis

Abstract

Marriage in Islam is regarded as a sacred bond aimed at preserving dignity, establishing a tranquil family (sakinah), and maintaining lineage (nasab). In contemporary society, various social issues have emerged concerning children born out of wedlock, which have raised debates regarding their lineage status, guardianship, and the responsibilities of the biological father. This issue is significant because nasab has direct implications for various legal rulings in Islamic law. This article discusses the concept of nasab in Islam, the determination of lineage for children born out of wedlock, the legal basis for attributing nasab to the mother, and the responsibility of the biological father toward such children. The study employs a normative approach based on fiqh literature and the views of classical and contemporary scholars. The findings indicate that the majority of scholars (jumhur ulama) affirm that children born from zina are attributed only to the mother, and therefore have no legal relationship of nasab, inheritance, or guardianship with the biological father. Consequently, legal obligations such as financial maintenance are not automatically imposed on the biological father. However, within the perspective of maqāṣid al-sharī‘ah, there remains a moral and humanitarian responsibility attached to the man who caused the birth of the child, particularly in terms of protection and fulfilling the child’s basic rights. Thus, although nasab is not legally recognized, Islam still emphasizes justice and child protection so that the child does not bear the consequences of the parents’ wrongdoing.