STATUS PERWALIAN ANAK HASIL DARI PERNIKAHAN SEDARAH MENURUT KOMPILASI HUKUM ISLAM (Tinjauan Maqashid Syariah)

This study examines the guardianship status of children resulting from incest marriages in the Islamic Law Compilation (Review of Maqasid Syariah). Incest or incest marriage is a marriage that is prohibited by religion or the State, namely in Indonesia, because this marriage violates the law, custom, ethics, and religion. The purpose of this study was to find out the guardianship status of a child born from incest according to the Islamic Law Compilation (KHI) and a review of Maqasid Syariah. To achieve the purpose of this research, the writer uses descriptive qualitative research in the form of literature, in which the researcher collects data from certain books or libraries related to this research. The results of this study, in the Qur'an Surah An-Nisa verse 23 it has been explained that the prohibition of incest marriage or incest marriage, as well as the prohibition of incest marriage in positive Islamic law in Indonesia is listed in the Compilation of Islamic Law (KHI) article 70 and in in Law No. 1 of 1974 article 8. Various other scientific studies also contain reasons for inbreeding, including from a medical point of view, inbreeding causes various diseases that exist and can give birth to children and grandchildren who are physically and mentally weak