Kedudukan Metode al-Qāfah Dalam Penetapan Nasab Anak Menurut Ulama Perspektif Maqashid al-Syariah

Abstract

This study attempts to identify the position of Qāfah method in determining the child's lineage based on the scholars’ perspective using a qualitative approach through descriptive analysis. The results show that the al-qāfahmethod is important in Islam, particularly in certain cases of denial or claims against children. It is because not all people are willing to do a DNA test due to its complicated mechanism and unpreparedness of the parents to admit the child when the DNA test proves positive. Sholars’ views on the position of the al-qāfahmethod in determining the child’ lineage are varied. First, Hanafiyyah scholars absolutely reject this method because it prioritizes the theory of li'an law when the husband denies the lineage of his child. Second, most other scholars (Maliki, Shafi'i, Hambali, Al-Zahiri, and Al-Auza'i) accept the method by referring to Umar’s decision of engaging lineage experts (qā'if) in determining the child claims. Third, the Zahiri school believes that al-qāfah method can be used as a benchmark in determining the case of lineage and atsar (tracing the traces). The last, Ibn Qayyim considers that al-qāfahmethod as one of the laws established by the Prophet Muhammad.