Status Nasab sebagai Bentuk Perlindungan Anak: Studi Perbandingan Pemikiran Ulama Fikih Klasik dan Kontemporer

Abstract

Lineage is one of the fundamental institutions in Islamic law that not only serves to determine genealogical relationships but also forms the basis for various civil rights of children, such as the right to identity, financial support, guardianship, custody, inheritance, and social recognition. Therefore, lineage status is closely linked to efforts to protect children within the Islamic legal system. In modern society, the issue of nasab has undergone significant transformation due to the increasing complexity of family matters, such as births outside of registered marriages, the use of DNA testing technology, and the evolving human rights paradigm that prioritizes the best interests of the child. This study aims to analyze lineage status as an instrument of child protection through a comparative study of the thought of classical and contemporary fiqh scholars. The research employs a normative legal methodology with comparative and maqāṣid al-syarī‘ah approaches through a literature review of primary and secondary sources. The results show that classical scholars placed the protection of lineage within the framework of preserving the purity of descent (ḥifẓ al-nasl), whereas contemporary scholars tend to develop a more adaptive approach by considering the protection of children’s rights as part of the public interest. Although they differ in methodology and scope of ijtihad, both approaches share a common ground in their commitment to protecting the dignity, well-being, and sustainability of future generations