Inheritance Rights of Children Born Out of Wedlock in the Perspective of Islamic Law

This study aims to analyze the legal status of illegitimate children from the perspective of Islamic law and civil law in Indonesia, focusing on aspects of lineage, inheritance rights, and legal protection. This study uses a literature study method with descriptive-analytical analysis to compare regulations in Islamic law and positive law. In Islamic law, illegitimate children only have lineage and inheritance rights through the mother and her family, while in civil law, illegitimate children can obtain legal recognition from their parents through a process of recognition or a court decision. This study also highlights the role of the Constitutional Court Decision Number 46/PUU-VIII/2010 which provides further legal protection for illegitimate children, especially regarding civil rights. Although there are fundamental differences in the recognition of lineage and inheritance rights, both legal systems agree on the importance of protecting children's basic rights

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Publication Details

Journal
International Journal of Humanities Law and Politics
Published
2024-12-31
DOI
https://doi.org/10.46336/ijhlp.v2i4.158
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Inheritance Rights of Children Born Out of Wedlock in the Perspective of Islamic Law

Dede Irman Pirdaus, Nurnisaa Nurnisaa AS
International Journal of Humanities Law and Politics
Marriage and Family Dynamics
article

Inheritance Rights of Children Born Out of Wedlock in the Perspective of Islamic Law

Dede Irman Pirdaus, Nurnisaa Nurnisaa AS
article en

Abstract

This study aims to analyze the legal status of illegitimate children from the perspective of Islamic law and civil law in Indonesia, focusing on aspects of lineage, inheritance rights, and legal protection. This study uses a literature study method with descriptive-analytical analysis to compare regulations in Islamic law and positive law. In Islamic law, illegitimate children only have lineage and inheritance rights through the mother and her family, while in civil law, illegitimate children can obtain legal recognition from their parents through a process of recognition or a court decision. This study also highlights the role of the Constitutional Court Decision Number 46/PUU-VIII/2010 which provides further legal protection for illegitimate children, especially regarding civil rights. Although there are fundamental differences in the recognition of lineage and inheritance rights, both legal systems agree on the importance of protecting children's basic rights

International Journal of Humanities Law and PoliticsVol. 2(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 60%
Marriage and Family Dynamics
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Inheritance Rights of Children Born Out of Wedlock in the Perspective of Islamic Law — Dede Irman Pirdaus, Nurnisaa Nurnisaa AS · International Journal of Humanities Law and Politics (2024) | TGRS Research Map | TGRS