Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial
Vol 10, No 1 (2024)

Status Kewarisan Anak Luar Kawin Dalam Perspektif Hukum Positif dan Hukum Islam Pasca Putusan MK Nomor 46/PUU-VII/2010

Imadudin, Agung Nursufa (Unknown)



Article Info

Publish Date
08 Jun 2024

Abstract

An illegitimate child will have legal consequences, namely having no legal relationship with his or her biological father, both regarding education and inheritance. Constitutional Court Decision Number 46/PUU-VII/2010, provides the position and rights of children outside of marriage, giving rise to dualism in its application. It is necessary to examine more deeply the status of inheritance rights of illegitimate children according to normative juridical and Islamic law, as well as what the status of inheritance rights of illegitimate children is after the Constitutional Court decision. In Islamic law and positive law, it is stated that illegitimate children cannot be assigned to their (biological) father. This means that illegitimate children cannot inherit from each other between the child and his father and his father's family based on the consensus of the ulama. The Constitutional Court's decision provides the right for illegitimate children to have a civil relationship with their father, as long as it can be proven based on science and technology and/or other legal evidence. In its implementation, this decision still requires an explanation in the form of legislation that regulates the extent of a child's civil relationship with their biological father.

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Journal Info

Abbrev

elqanuniy

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial diterbitkan oleh Fakultas Syariah dan Ilmu Hukum, Institut Agama Islam Negeri Padangsidimpuan. Jurnal el-Qanuniy pertama kali diterbitkan pada tahun 2005 berdasarkan SK No. 0005.079/JI.3.2/SK.ISSN/2015.03 tanggal 27 Maret 2015 dan ...