Kedudukan anak hasil Perkosaan Incest Perspektif Hukum Islam

ABSTRACT

As violence phenomenon of very exclusive sexual in family, incest rape needs law study to determine child state. Child case of incest rape is relating to social construction in having family. Father and child known in social institution as one family. But, in the even of incest rape, when a father have impregnated his daughter and from that relation is borne child, then father state becomes double. Can becomes father or grandfather. That’s causing incest very influential in child state of incest rape. Child state determination very needs to get clarity of child lineage, until the rights and obligations as child fulfilled.

This research aims to for: 1) Describing child state who born from incest rape, doing by father to his daughter in Islamic law perspective. 2). Giving typology in case of incest rape. 3) Describing clearly rule of children law of incest rape by applying manhaj al-istimbah, both there are in ushûl science and fiqhiyyah method.

The research type in this minithesis is qualitative research, by using technique
of data collecting by means of documentation method or document study. That is analyzing the data source from Hadist books and fiqih books. Close connection with study in this minithesis, and also books both there are in ushûl science and fiqhiyyah method to contemporary phenomena.

To specifying authenticity of data. In this research uses verification method by connecting theory world with empirical world and also using qiyas approach. Then method of descriptive analysis using to record idea or fact covering a regional field as widespread as possible at one time or period.

The result research indicates that child state of incest rape only having lineage with mother and his mother family, because of incest rape represents adultery action. After done research and found the nature of similar between child of incest rape and child adultery, hence can be concluded that child state of incest rape represented child which only having lineage state with its mother family and mother. This matter equalized or made qiyas with child state of adultery and li'an child of equality clear ‘illat.