Hukum Menikahkan Anak Perempuan Luar Nikah Oleh Ayah Biologisnya Menurut Imam Syafi’i

Abstract

Abstract

Current phenomenon. There are many cases of marrying off daughters out of wedlock by their biological fathers, one of the factors being that the girl's parents do not inform them that the child is out of wedlock (adultery). The madzab priests (Hanafi, Maliki, Hanbali, Syafi'i) have different opinions about the law of marrying off daughters by their biological fathers.

The research objective to be achieved in this journal is how the law of marrying girls out of wedlock by their biological father according to Imam Syafi'i.

Imam Syafi'i is of the opinion that the legal marriage of a daughter by her biological father is invalid. If, a woman and a man are married and a child is born alive and in full shape before six months, at the same time if a child is born after the age of marriage is more than six months but the woman knows that the child exists before the marriage takes place, then the child it cannot be linked by lineage on behalf of his biological father.

The focus of this study is on how Imam Syafi'i thinks about the law of marrying girls out of wedlock by their biological fathers.

Keywords: Marriage, Jurisprudence, Positive Law