Muhammad Abu Zahrah's Istinbat Method on the Law of Isbat Nasab Son of Zina Based on the Ilḥaq Method

Abstract

Islamic law still gives a portion of reason to man, therefore man still has to establish laws based on the Qur'an and Hadith on problems that do not exist Nas and the law clearly. It is these interpretations that are the root of dissent among scholars. One of the important themes in the study of Islamic family law is the adultery of children. The scholars agree that the adulterous child's nasab is cut off from the man and is only connected to the mother's path, but so the scholars are sincere in the matter of determining the adulterous child's nasab by the biological father through the ilhaq (confession of the child). According to Abu Zahrah, adulterous children do not have a sexual relationship with a man as a biological father. But an adulterous child can be recognized as a biological father through the ilḥāq method, provided that the biological father does not explicitly suggest that the child he recognizes is the result of adultery. The consequence is a relationship of mutual support, inheritance relations, guardian relationships and other laws.