International Journal of Humanities, Law, and Politics
Vol. 2 No. 4 (2024): International Journal of Humanities, Law, and Politics

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

Pirdaus, Dede Irman (Unknown)
AS, Nurnisaa (Unknown)



Article Info

Publish Date
31 Dec 2024

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

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Journal Info

Abbrev

ijhlp

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

International Journal of Humanities, Law, and Politics is an official journal of the Communication in Research and Publications (CRP) and publishes original research papers that cover the theory, practice, history, or methodology of Humanities, Law, and Politics (HLP). IJHLP will act as a platform ...