Tinjauan Yuridis Hak Waris Anak Di Luar Perkawinan Berdasarkan Hukum Waris Islam di Indonesia

Merdianti, Putri Kania Rizki (2025) Tinjauan Yuridis Hak Waris Anak Di Luar Perkawinan Berdasarkan Hukum Waris Islam di Indonesia. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This study aims to analyze the legal implications of child recognition in Islamic inheritance law in Indonesia and to identify methods for granting inheritance to children born out of wedlock from the perspective of Islamic inheritance law in Indonesia. This research is a normative juridical study using a statute approach, using primary, secondary, and non-legal materials. The legal materials were collected using library research and descriptive data analysis. The research findings indicate that, according to the Shafi'i school of Islamic jurisprudence, children born out of wedlock, particularly as a result of adultery, have no legal lineage to their biological father, except to their mother and her family. This is confirmed by the Indonesian Ulema Council (MUI) Fatwa, Article 100, and Article 186 of the Compilation of Islamic Law (KHI): "Children born out of wedlock only have lineage and inheritance rights from their mother and her family." Consequently, inheritance is not based on the hisāb (calculation) and radd (inheritance) of the father's heirs, but rather through the maternal line, based on fard (fard) inheritance law, along with siblings and relatives on the mother's side. However, the NU National Conference and its fatwa stated that fathers retain responsibility for illegitimate children through maintenance or the provision of a mandatory will, but not direct inheritance, only moral and social protection without recognizing legal lineage. With the conclusion that children born out of wedlock due to adultery do not have inheritance rights to their biological father, only to the mother and her family. Therefore, the method of inheritance does not use hisāb and radd from the father's side, but rather through the maternal line based on fard inheritance law, along with siblings and relatives from the mother's side. However, the father still has responsibility for the child born out of wedlock through maintenance or the provision of a mandatory will. Keywords: Children's Inheritance Rights; Islamic Inheritance Law; Children Out of Wedlock

Item Type:

Thesis (Undergraduate)

Contributors: