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Research Article | Open Access
Volume 4 | Issue 2 | Year 2017 | Article Id. IJHSS-V4I2P104 | DOI : https://doi.org/10.14445/23942703/IJHSS-V4I2P104

Child Standing Outside in the Distribution of Heritage under Marriage Compilation Islamic Law

Kasmuddin Harahap

Citation :

Kasmuddin Harahap, "Child Standing Outside in the Distribution of Heritage under Marriage Compilation Islamic Law," International Journal of Humanities and Social Science, vol. 4, no. 2, pp. 22-24, 2017. Crossref, https://doi.org/10.14445/23942703/IJHSS-V4I2P104

Abstract

The position of Islamic inheritance law in Indonesia a special place as part of an effort to run religious laws. Inheritance rights of children outside the mating become central to discussion related to these developments. This case is because there is a difference between a child outside the scope of Islamic law to marry according to national civil law. Compilation of Islamic Law does not recognize between the term "bastard" but the term "children born outside of marriage", whose status is the same as the child of a conjugal relationship between men and women are not tied ropes valid marriage, that also includes children born to women which do not have binding legal marriage with men who impregnate, or doubtful unless the father recognized the child. Thus the child outside of the mating is not got a position as an heir in KHI as a legitimate marriage is a prerequisite that consequences of inheritance law. However, if for a wedding performed the confirmation marriage, children born in a marriage that was valid (as long as a valid marriage according to their religion or belief).

Keywords

 Married Children Affairs, Heritage, Islamic Law Compilation.

References

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