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All Journal Contemporary Issues on Interfaith Law and Society Contemporary Issues on Interfaith Law and Society
Amilia, Bertha
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Law, Crime, Criminology & Criminal Justice

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Granting Inheritance to Extramarital Children in the Perspective of Islamic Law Khoyum, Adlian Aldita Alif Aisyah Ainur; Amilia, Bertha; Ardana, Candra Hafidz
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66343

Abstract

At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law Khoyum, Adlian Aldita Alif Aisyah Ainur; Amilia, Bertha; Ardana, Candra Hafidz
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31377

Abstract

At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
Co-Authors Ardana, Candra Hafidz Khoyum, Adlian Aldita Alif Aisyah Ainur