从伊斯兰教法的角度看婚外子女的继承权

Adlian Aldita Alif Aisyah Ainur Khoyum, Bertha Amilia, Candra Hafidz Ardana
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引用次数: 0

摘要

目前有许多早婚的案例是由一个人在合法婚姻发生之前怀孕造成的。这一事件鼓励社区进入合法婚姻,导致非婚生子。然而,在习惯法中,如果一个女人生下了一个非婚生孩子,孩子将只与母亲有民事关系。一个孩子只与他的母亲有法律关系,这意味着这个孩子无权成为他生父家庭的继承人。这项研究的目的是根据印度尼西亚的伊斯兰法和婚姻法确定婚外儿童的地位。此外,本研究还旨在找出和分析婚外子女的继承权地位,以及婚外子女的继承权与合法婚姻子女的兄弟姐妹相比的分配情况。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Granting Inheritance to Extramarital Children in the Perspective of Islamic Law
At present there are many cases of early marriage caused by a person getting pregnant before the legal marriage takes place. This incident encouraged the community to enter into legal marriages resulting in children born out of wedlock. While, in customary law if a woman gives birth to a child out of wedlock, the child will only have a civil relationship with the mother. The legal relationship that a child has only with his mother means that the child is not entitled to become the heir of his biological father's family. The purpose of this study was to determine the status of children outside of marriage according to Islamic law and marriage law in Indonesia. In addition, this study also aims to find out and analyze the position of the inheritance rights of children outside of marriage along with the distribution of inheritance rights to children outside of marriage when compared to their siblings who are children with legal marriages.
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