Distribution of Inheritance Rights for Children Resulting from Extramarital Relations from the Perspective of the Indonesian Ulema Council and the Civil Code

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Siti Zahroh
Taofiq Hidayatuloh

Abstract

The article entitled Distribution of Inheritance Rights for Children Resulting from Extramarital Relations, Perspective of the Indonesian Ulema Council and the Civil Code is the result of literature research to answer questions about the position of children born from extramarital relationships in terms of inheritance and what is the legal basis for the distribution of inheritance rights for children resulting from extramarital relationships according to the perspective of the Indonesian Ulema Council and the Civil Code. This research uses a descriptive research method with a qualitative approach, which attempts to explain problem-solving based on data in the field. This research data was collected through a literature review and then analyzed using descriptive analysis techniques. The research results concluded that, According to the fatwa of the Indonesian Ulema Council, children born from extramarital relations do not have a civil relationship with their biological father. So if the biological father dies, the child cannot inherit the father's property. However, the MUI explained in its fatwa that men who cause the birth of a child without a valid marriage bond can be punished in two ways, namely by providing maintenance or a mandatory will to their biological child. According to the Civil Code, children born as a result of relationships outside of marriage receive inheritance rights as children if the child is recognized, and the distribution of the amount of inheritance obtained is stated in 863 of the Civil Code. The MUI explained in its fatwa that a man who causes the birth of a child without a valid marriage bond can be punished in two ways: by providing maintenance or a mandatory will to his biological child. According to the Civil Code, children born as a result of relationships outside of marriage receive inheritance rights as children if the child is recognized, and the distribution of the amount of inheritance obtained is stated in 863 of the Civil Code. The MUI explained in its fatwa that a man who causes the birth of a child without a valid marriage bond can be punished in two ways: by providing maintenance or a mandatory will to his biological child. According to the Civil Code, children born as a result of relationships outside of marriage receive inheritance rights as children if the child is recognized, and the distribution of the amount of inheritance obtained is stated in 863 of the Civil Code.

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How to Cite
ZahrohS., & Taofiq Hidayatuloh. (2022). Distribution of Inheritance Rights for Children Resulting from Extramarital Relations from the Perspective of the Indonesian Ulema Council and the Civil Code. Proceeding of International Conference on Sharia and Law, 1(1), 164-167. Retrieved from https://proceedings.uinsa.ac.id/index.php/ICOSLAW/article/view/936
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