Child Lineage Rights and Paternity Determination from the Perspective of the Four Schools of Islamic Jurisprudence and Indonesian Positive Law

Abstract

The issue of child lineage rights represents a significant topic in both Islamic law and Indonesian positive law studies. Lineage not only relates to a child's personal identity but also concerns civil, social, and religious rights. Although previous studies have discussed child lineage either from the perspective of classical Islamic jurisprudence or Indonesian positive law separately, limited attention has been given to a systematic comparative analysis that identifies the legal tension, convergence, and normative development between the four Sunni schools of jurisprudence and contemporary Indonesian legal regulations. This research aims to identify classical fiqh perspectives on child lineage, analyze Indonesian positive law regulations regarding child lineage, and compare the convergences and differences between classical fiqh and positive law. Using a normative-comparative approach, this study analyzes classical fiqh texts from four schools (Hanafi, Maliki, Shafi'i, Hanbali) and Indonesian legal regulations including Marriage Law No. 1/1974, Islamic Law Compilation, and Constitutional Court Decision No. 46/PUU-VIII/2010. The findings reveal that classical fiqh emphasizes valid marriage contracts as the basis for lineage, while Indonesian positive law has begun accommodating scientific evidence such as DNA testing. The novelty of this study lies in its integrated comparison of classical fiqh doctrines and Indonesian positive law by highlighting how evidentiary standards for determining child lineage have shifted from a purely marital-contract-based framework toward a more child-protection-oriented legal approach. This study contributes to comparative understanding between classical fiqh and Indonesian positive law, emphasizing child protection as part of maqāṣid al-sharī'ah and the best interests of the child principle.