Contemporary Issues on Interfaith Law and Society
Vol 2 No 1 (2023): January-June, 2023

Granting Inheritance to Extramarital Children in the Perspective of Islamic Law

Khoyum, Adlian Aldita Alif Aisyah Ainur (Unknown)
Amilia, Bertha (Unknown)
Ardana, Candra Hafidz (Unknown)



Article Info

Publish Date
31 Jan 2023

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.

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Journal Info

Abbrev

ciils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The CIILS is also dedicated to publish an innovative research on and study of the interactions that take place within and between religious communities in the law and policy context by multidisciplinary perspectives including politics, economics, theology, psychology, and other related ...