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All Journal Islamika : Jurnal Ilmu-Ilmu Keislaman Waraqat : Jurnal Ilmu_Ilmu Keislaman
Muhammad Yogi Galih Permana
Sekolah Tinggi Dirasat Islamiyah Imam Syafi'i Jember
Religion Arts Humanities Education Languange, Linguistic, Communication & Media Other

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The Inheritance Status of Test Tube Baby Children in the Perspective of Islamic Law and Inheritance Law in Indonesia Annisa Fristyarini; Muhammad Yogi Galih Permana
WARAQAT : Jurnal Ilmu-Ilmu Keislaman Vol. 8 No. 1 (2023): Waraqat: Jurnal Ilmu-Ilmu Keislaman
Publisher : Pusat Penelitian dan Pengabdian pada Masyarakat (P3M) Sekolah Tinggi Agama Islam As-Sunnah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51590/waraqat.v8i1.484

Abstract

The issue of inheritance is a matter that is inherently related to human beings, as every individual will inevitably encounter the event of death. Inheritance law governs the rights and obligations concerning the transfer of inherited property to the surviving heirs after the deceased's death. Among the eligible heirs entitled to receive an inheritance from their parents are children, including those born through test tube baby procedures. This research aims to analyze the inheritance status of such children by Islamic law and inheritance law in Indonesia. This study employs a qualitative literature review methodology. The research findings indicate that in Islam, the inheritance rights of children born through the use of sperm and egg from a legitimate couple, where the embryo is transferred into the wife's womb, are considered equivalent to the rights of biological children. The child does not receive the inheritance if a third party is involved. Suppose the child is born out of wedlock (an illegitimate child). In that case, their share is attributed to the mother and her family. In Indonesia, there are three rules governing inheritance cases: customary inheritance law, determined by local customs; Islamic inheritance law, established by the Religious Courts; and civil law, which determines the inheritance share of legitimate children recognized by law. Meanwhile, children born out of wedlock only receive inheritance from the mother and her family.
Yurisprudensi MA No.1/Yur/Ag/2018 Tentang Pemberian Wasiat Wajibah Kepada Ahli Waris Non Muslim Perspektif Hukum Islam Ajeng Nabila Zulfa; Muhammad Yogi Galih Permana
Islamika : Jurnal Ilmu-Ilmu Keislaman Vol. 23 No. 1 (2023): Islamika: Jurnal Ilmu-Ilmu Keislaman
Publisher : Lembaga Penelitian dan Pengabdian pada Masyarakat, Institut Agama Islam Negeri (IAIN) Kerinci, Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32939/islamika.v23i1.2499

Abstract

Al-Qur'an, Hadith, and KHI have determined that religious differences are a barrier to inheritance. Along with the development of the era, the phenomenon of religious differences between heirs and heirs is increasingly found, so it is necessary to have a permanent law that regulates it. Therefore, the Supreme Court established Supreme Court Jurisprudence Number 1/Yur/Ag of 2018 concerning the granting of obligatory wills to non-Muslim heirs. On the other hand, if this law is not examined more deeply, it will seem to be at odds with the regulations in Islamic inheritance law. The purpose of this study is to analyze the Supreme Court Jurisprudence Number 1/Yur/Ag of 2018 from the perspective of Islamic fiqh law. Researchers used a qualitative approach with normative Islamic law research methods, namely legal clinical and data collection methods, namely literature studies and processed using content analysis methods. The result of this research is MA Juridprudence No. 1/Yur/Ag 2018 does not conflict with Islamic inheritance law because these non-Muslims do not become heirs but receive a mandatory will because a mandatory will can be given to anyone regardless of their religion
Co-Authors Ajeng Nabila Zulfa Annisa Fristyarini