THE INHERITANCE RIGHTS OF CHILDREN FROM MARRIAGE ARE NOT RECORDED ACCORDING TO THE MARRIAGE LAW AND THE COMPILATION OF ISLAMIC LAW

Abstract

The inheritance rights of children from unregistered marriages is an important aspect of the Compilation of Islamic Law. Although legal marriages should be registered, there are many cases where unregistered marriages can have legal consequences, especially regarding the inheritance rights of children. This research aims to explore the understanding of the inheritance rights of children from unregistered marriages in accordance with the provisions in the Compilation of Islamic Law. This research uses a qualitative research method with a normative juridical approach that is carried out based on legislation which in this case includes kuhperdata, Law No. 1 of 1974. Data is obtained from sources of Law, Civil Code and journals. Data analysis is carried out to filter the data obtained and collected according to its type and finally draw conclusions from the findings obtained. The results showed that, the inheritance status of children from irri marriage according to the Marriage Law can only be obtained from the mother and her mother's family, but after the decision of the Constitutional Court, extra-marital children can get inheritance rights from their father if it can be proven legally and clearly that he has a blood relationship with his biological father. Meanwhile, the inheritance rights of irri marriage according to the Compilation of Islamic Law remain in accordance with their position which states that they only have a nasab relationship and inheritance relationship with their mother and their mother's family but not with their father. Parents can apply for itsbat, the determination of isbat nikah is the emergence of inheritance that gets legal protection because of the kinship or nasab relationship between the person who inherits and the person who inherits caused by birth. So children born in marriage are entitled to inheritance from their parents. If there is a rejection of itsbat nikah, the status of the child from the siri marriage does not have legal force. So children from irri marriages are not entitled to receive inheritance from their father.