KEDUDUKAN NASAB ANAK HASIL INCEST DALAM PERSPEKTIF MAQASID ASY-SYARIAH

This research departs from the researcher's interest in the existence of one of the decisions of the Religious Courts related to the annulment of incestuous marriages (incest). In decision No. 978/Pdt.G/2011/PA.Sda the judge issued a surprising decision regarding the legal status of a child born from the annulment of incestuous marriage (incest). This decision certainly has enormous implications for Law Number 1 of 1974 concerning Marriage, which relates to the absence of a civil relationship between biological fathers and children born from the annulment of marriage. Of course the judge's decision can bring a problem to the child born from the annulment of marriage. Seeing these problems, this thesis examines the nasab position of children resulting from incest in the results of court decisions seen from the perspective of maqasid ash-syariah. In preparing this thesis, the author uses theme thod library research. This study uses aapproach juridical-normative which will then be analyzed using descriptive-analytical analysis. The purpose of thisis to explain the nasab status of children resulting from incest paperin the maqasid ash-syariah point of view. After doing research, in this case the decision of the Religious Court Number 978/Pdt.G/2011/PA.Sda is not in accordance with the applicable legal rules such as, in Article 28 paragraph (2) letter b, Compilation of Islamic Law Article 75 letter (b) , the decision of the Constitutional Court Number 46/PUUVII/ 2010, Law Number 23 concerning Child Protection and the 1945 Constitution in the fourth paragraph. However, in terms of maqasid ashsyari ah, the decision of the Religious Courts is included in the category of maqasid d}aruriyyah, namely protecting offspring (hifz an-nasl), protecting souls (h}ifz an-nafs) and guarding religion (hifz ad-din )