Inheritance Of Children From Incest Seen From The Perspective Of Islamic Family Law Analysis Of Maqashid Syari'ah And Positive Law

Abstract

The problematic status of children in Islamic law, especially children born from illicit relationships such as incest, whether done due to ignorance of blood or intentional is a complex and sensitive issue, both from normative, social, and humanitarian aspects, especially those related to the legal interests of children born from incestuous marriages. Incest or consanguineous marriages are marriages carried out between men and women who have close blood relations, including blood relations in a straight line (grandfather-grandchild) or sideways. Problem Formulation What is the legal status of incestuous child marriages in the perspective of Islamic law and positive law? What is the concept of inheritance of children resulting from incest according to Islamic fiqh in the perspective of maqashidu Sharia? Maslahah Mursalah Theory, Maslahah Mursalah theory is a concept or method of determining Islamic law based on the principle of seeking maslahah (welfare or general benefit) which is not specifically supported or rejected by certain sharia arguments (the Qur'an and Hadith). that the position of children in an incestuous marriage is the same as the position of children in a legitimate marriage, because an incestuous marriage itself is a legitimate marriage as long as there is no annulment, the distribution of inheritance to children of an incestuous marriage is the same as the distribution of inheritance to legitimate children, because incestuous children are legitimate children and not children born from adultery or interfaith marriages, so that the position of incestuous children is the same as the position of legitimate children in receiving inheritance and can inherit from both parents, both from the mother and father