Inheritance Status of Unmarried Children from the Perspective of Islamic Law

Abstract

This research examines the inheritance status of children born out of wedlock under Islamic law, which is a significant social issue in contemporary Indonesia. The research highlights that, according to the Compilation of Islamic Law (KHI), children born out of wedlock have limited inheritance rights, as they can only inherit from their mother and her family, while cannot inherit from their biological father's estate unless they are officially recognized. This limitation stems from the principle of nasab (lineage), which requires a valid marriage to establish inheritance rights. This research uses a qualitative methodology to provide an in-depth understanding of this legal framework and its implications for unmarried children. The research highlights the social challenges faced by these children, who often experience stigma and marginalization despite legal protections. The findings of this research point to a gap between Islamic law and positive law in Indonesia regarding the rights of such children, indicating the need for more inclusive legal interpretations that reflect the dynamics of modern society. Furthermore, this study emphasizes the importance of public awareness and policy development to ensure that the rights of unmarried children are upheld and protected.