IMPLEMENTATION OF COMPULSORY WILLS FOR CHILDREN FROM MARRIAGES THAT ARE NOT REGISTERED BY THE STATE ACCORDING TO THE COMPILATION OF ISLAMIC LAW
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Institusion
Universitas Darul ulum
Author
Darmayani, Mety
Subject
Ilmu Hukum
Datestamp
2024-09-30 07:09:09
Abstract :
A valid marriage according to Law Number 1 of 1974 concerning Marriage is a marriage that is conducted in accordance with the religion followed and recorded according to the applicable laws and regulations. The prevalence of unofficial marriages (sirri) has caused various problems such as the status of children born from such marriages and the hindrance of children's rights, including inheritance rights. This is certainly contrary to child protection laws that guarantee children's rights as human beings that must be protected. This research was conducted to determine the status of children from unregistered marriages according to the state based on the Compilation of Islamic Law and its impact on children's inheritance rights from the perspective of the Compilation of Islamic Law. The research was conducted using normative legal research methods with primary legal materials such as Law Number 1 concerning Marriage, the Compilation of Islamic Law, and similar regulations. The results of this study conclude that the status of children from unregistered marriages according to the state based on the Compilation of Islamic Law is that they are considered children born outside of marriage because they do not meet the criteria for legitimate children. The impact of unregistered marriages by the state on children's inheritance rights is that they only inherit from their mother because of their status as children born outside of marriage. However, if a claim for the child's origin is made, the biological child is entitled to inherit from their biological father through a compulsory bequest of 1/3 and can only be obtained through a decision of the Religious Court. Keywords: Marriage, Children, Inheritance.
A valid marriage according to Law Number 1 of 1974 concerning Marriage is a marriage that is conducted in accordance with the religion followed and recorded according to the applicable laws and regulations. The prevalence of unofficial marriages (sirri) has caused various problems such as the status of children born from such marriages and the hindrance of children's rights, including inheritance rights. This is certainly contrary to child protection laws that guarantee children's rights as human beings that must be protected. This research was conducted to determine the status of children from unregistered marriages according to the state based on the Compilation of Islamic Law and its impact on children's inheritance rights from the perspective of the Compilation of Islamic Law. The research was conducted using normative legal research methods with primary legal materials such as Law Number 1 concerning Marriage, the Compilation of Islamic Law, and similar regulations. The results of this study conclude that the status of children from unregistered marriages according to the state based on the Compilation of Islamic Law is that they are considered children born outside of marriage because they do not meet the criteria for legitimate children. The impact of unregistered marriages by the state on children's inheritance rights is that they only inherit from their mother because of their status as children born outside of marriage. However, if a claim for the child's origin is made, the biological child is entitled to inherit from their biological father through a compulsory bequest of 1/3 and can only be obtained through a decision of the Religious Court. Keywords: Marriage, Children, Inheritance.
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