从伊斯兰教法和继承法看印度尼西亚试管婴儿的继承地位

Annisa Fristyarini, Muhammad Yogi Galih Permana
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引用次数: 0

摘要

继承问题是一个与人类内在相关的问题,因为每个人都不可避免地会遇到死亡事件。《继承法》规定了死者死后将继承财产转让给未亡继承人的权利和义务。在符合资格的继承人中,有权从父母那里获得遗产的是儿童,包括通过试管婴儿程序出生的儿童。本研究旨在分析印尼伊斯兰教法和继承法对这类儿童的继承状况。本研究采用质性文献回顾法。研究结果表明,在伊斯兰教中,通过使用合法夫妇的精子和卵子而生下的孩子的继承权被认为与亲生孩子的权利相当。合法夫妇将胚胎移植到妻子的子宫中。如果有第三者介入,子女不能继承遗产。假设孩子是非婚生的(私生子)。在这种情况下,他们的份额归功于母亲和她的家庭。在印度尼西亚,继承案件有三条规则:由当地习俗决定的习惯继承法;由宗教法庭制定的伊斯兰继承法;民法,它决定了法律承认的合法子女的继承份额。与此同时,非婚生的孩子只能从母亲及其家庭获得遗产。
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The Inheritance Status of Test Tube Baby Children in the Perspective of Islamic Law and Inheritance Law in Indonesia
The issue of inheritance is a matter that is inherently related to human beings, as every individual will inevitably encounter the event of death. Inheritance law governs the rights and obligations concerning the transfer of inherited property to the surviving heirs after the deceased's death. Among the eligible heirs entitled to receive an inheritance from their parents are children, including those born through test tube baby procedures. This research aims to analyze the inheritance status of such children by Islamic law and inheritance law in Indonesia. This study employs a qualitative literature review methodology. The research findings indicate that in Islam, the inheritance rights of children born through the use of sperm and egg from a legitimate couple, where the embryo is transferred into the wife's womb, are considered equivalent to the rights of biological children. The child does not receive the inheritance if a third party is involved. Suppose the child is born out of wedlock (an illegitimate child). In that case, their share is attributed to the mother and her family. In Indonesia, there are three rules governing inheritance cases: customary inheritance law, determined by local customs; Islamic inheritance law, established by the Religious Courts; and civil law, which determines the inheritance share of legitimate children recognized by law. Meanwhile, children born out of wedlock only receive inheritance from the mother and her family.
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来源期刊
自引率
0.00%
发文量
14
审稿时长
24 weeks
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