AHLI WARIS ANAK DI LUAR NIKAH PERSPEKTIF IMAM SYAFI’I DAN KHI

  • Muhammad Diah Diah IAIN LHOKSEUMAWE

Abstract

Abstract

 

Children born out of wedlock get nicknames in society As illegitimate children, this causes psychological disturbances for children, even though legally the child has legal consequences from the actions of his parents, but many problems arise due to pregnancy out of wedlock, such as the relationship between child with his biological father, which will result in the inheritance rights of the child out of wedlock. The formulation of the problem for this study are: 1) What is the view of Imam Syafii about the heirs of children outside of marriage ?, 2) What is the view of KHI about the heirs of children out of wedlock ?. This study is a library research, namely by examining or analyzing books or literature and writings relating to the problem being studied, namely the distribution of inheritance of children outside of marriage in the opinion of Syafi'i and Compilation of Islamic Law (KHI). The results of this study are: 1. According to Imam Shafi'i, that the unmarried child or the adulteress was cut off from his biological father and only thought to his mother. So that the child's out-of-wedge expert is only from his mother's side. His mother got heritage as found in the Book of Allah. The other brother also gets their rights. When his mother was a slave, then the rest of his legacy for his mother's master. When his mother was an independent woman or had no guardianship, then the rest of the heritage was for the Muslims. 2) According to the Compilation of Islamic Law (KHI) children out of wedlock can only inherit a thousand mothers and siblings, but after being revised by the Constitutional Court Decision NUMBER 46 / PUU-VIII / 2010 civil relations between the child and biological father also recognized as long as it can be proven. So in the biological father of a child outside of marriage is also his heir.

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Published
2019-12-28
How to Cite
Diah, M. D. (2019) “AHLI WARIS ANAK DI LUAR NIKAH PERSPEKTIF IMAM SYAFI’I DAN KHI”, Sarwah: Journal of Islamic Civilization and Thought, 17(1), pp. 1-14. Available at: https://ejurnal.iainlhokseumawe.ac.id/index.php/sarwah/article/view/483 (Accessed: 4June2020).