The Comparison of Inheritance Legal Position of Illegitimate Children Based on Islamic Law & Civil Law

Penulis

Abstrak

The aim of this research is to analyze: 1) To determine the position of inheritance rights of illegitimate children based on the Compilation of Islamic Law and Civil Law. 2) To determine the similarities and differences in the legal position of inheritance of illegitimate children based on the Compilation of Islamic Law and Civil Law. The type of research used is normative legal research. The approach method used in this research is the statutory approach method and the legal comparison method. The research results concluded that the legal position of illegitimate children is based on Article 100 of the Compilation of Islamic Law. Children born out of wedlock only have a family relationship with their mother and her mother's family. In Article 186 of the Compilation of Islamic Law, children born outside of marriage only have an inheritance relationship with their mother and their mother's family. whereas in the Civil Code, a child born outside of a legal marriage has no civil relationship with his parents, unless there is a confession made by his biological parents. Keywords: Children; Compilation; Illegitimate Inheritance; Islamic.

Referensi

A. Pitlo, 1979, Hukum Waris menurut Kitab Undang-undang Hukum Perdata Belanda, terjemahan M. Isa Arief, Intermasa, Jakarta,

Amir Syarifuddin, 2002, Meretas Kebekuan Ijtihad, Ciputat Press, Jakarta,

Amir Syarifuddin, 2006, Hukum Perkawinan Islam di Indonesia Antara Fiqih Munakahat dan Undang-Undang perkawinan, Cet ke-1, Prenata Media, Jakarta,

Peter Mahmud Marzuki, 2010, Penelitian Hukum, Kencana, Jakarta,

Sodharyo Soimin, 2002, Hukum Orang dan Keluarga, Sinar Grafika, Jakarta,

Soetojo Prawirohamidjojo and Marthalena Pohan, 1991, Hukum Orang dan Keluarga: Personen en Familie-Recht, Airlangga University Press, Surabaya,

Yusuf al-Qadhawi, 1976, Halal dan Haram dalam Islam, PT Bina Ilmu, Surabaya.

Unduhan

Diterbitkan

2023-09-06

Terbitan

Vol 1 No 3 (2023): September 2023

Bagian

Articles

Lisensi

Authors who publish with this journal agree to the following terms:

  1. The journal holds the copyright for each article published with work licensed simultaneously under a Creative Commons Attribution 4.0 International License, which allows others to share the work with an acknowledgment of the authorship and early publication of the work in this journal.
  2. Authors must agree to the copyright transfer agreement by checking the Copyright Notice column at the initial stage when submitting the article.