تنسيب ولد الزنا بين الاجتهاد الفقهي والقضائي

Abstract

Islamic law has paid great attention to the family, and because of this attention, the Islamic law made sure by its provisions that descent must be pure and protected, away from moral decay and forbidden ways (alHaram), but some people may fall into ways of seduction, and deviate to vice and commit adultery, Which results children of the Adultery (zina), So The purpose of this research was to identify the provisions concerning the descent of child of adultery, in both Islamic Jurisprudence, legislations and Jurisprudence. After researching the Islamic texts and the writings of Islamic jurisprudence doctrines, and comparing them with the positive legislation and the efforts of the Supreme Court. The researcher concluded that the Islamic law preserved the rights of the son of adultery, his dignity, and status among the people and that the son of adultery, like other legitimate children, in all rulings and rights except in the case of descent and what related to it, The Islamic law has given him the provisions that are commensurate with him and his social environments, such as attribute Him with his mother and not leaving him Neglected without lineage, as for the positive legislation and its jurisprudence, it didn't meet the provisions of the child of adultery, which indicated a weak of the human capacity to perceive interests and rights.