PENGAKUAN DAN KEWARISAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM PERDATA ( BW ), HUKUM ADAT, DAN KOMPILASI HUKUM ISLAM ( KHI )

MUHAMMAD, MU`TASYAM (2009) PENGAKUAN DAN KEWARISAN ANAK LUAR KAWIN DALAM PERSPEKTIF HUKUM PERDATA ( BW ), HUKUM ADAT, DAN KOMPILASI HUKUM ISLAM ( KHI ). Other thesis, University of Muhammadiyah Malang.

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Abstract

Division of inheritance both according to civil law, custom law, and Islamic law compilation is considered more on people who have law relation or lineage with the heir. It is appropriate with that regulated in Section 862­873 Civil Code stating that inheritance in the case of unwed­child. In custom law, inheritance matters in each area have different views. It means that unwed­child inheritance depends on the area where she/he was born. While according to Islamic Law Compilation, this unwed­child inheritance matter is arranged in Section 186. Yet, the problem is about the admission of unwed­child and also about inheritance provision on unwed­child, because there is difference on the applied principles among civil law, custom law, and Islamic law compilation. Based on the background above, researcher can formulate the research problems: How the Islamic Law judgment about unwed­child admission by parents is, and how the hereditary law rules for unwed­child if it is reviewed from civil law, custom law, and Islamic Law Compilation are. This research has purposed (1) to know the admission to unwed­child by both parents in Islamic law. (2) To know the hereditary law rules for unwed­child if it is reviewed from civil law, custom law, and Islamic Law Compilation. To answer the problem above and later it answerable scientifically, hence the researcher uses library research that uses the relevant literatures to analyze data. It also uses three data sources: first, primary data that represent data sources adopted from the binding law sources, such as Holy Koran and Hadist for Islamic law and the valid regulation in public both as common law and as national law in associated with civil law (BW). Second, secondary data sources that represents data sources adopted from the results of study through many literatures, magazines, journals, newspapers, and thesis. Third, tertiary data sources that represents the explanation for data sources taken from primary and secondary materials such as encyclopedia and dictionary. From data analysis result, it can be drawn a conclusion that Unwed­child in Islamic Law is referred to Mula’anah that has the same position with lovechild. It means that he/she has lineage relation and mutually inherits only with mother and just from maternal portion. While for inheritance share, unwed­child has the same portion with legal child through mother lineage and not from father. Clause that arranged about children portion is only by differentiating child’s sex as explained in An­Nisa’: 11. Relation between unwed­child with his/her parents and inherits share according to civil law is only has biological relation only, except that both parents admit the child, thus the child and parents can mutually inherit. In custom law and in inheritance share, there is opinion dissimilarity about this unwed­child relation accord with the custom ruled in the society. While in Islamic Law Compilation, unwed­child is only has law relation and mutually inherits with mother and has portion only from mother lineage. Finally, there is some suggestion, which can be used as consideration materials. For admission and inheritance rule matters for unwed child should be done appropriate with the valid law and custom, in order to prevent the raise of conflict occurred in the case of admission and inheritance share for unwed­child.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Islamic Studies > Department of Syariah
Depositing User: Anggit Aldila
Date Deposited: 19 Jun 2012 03:53
Last Modified: 19 Jun 2012 03:53
URI: http://eprints.umm.ac.id/id/eprint/8489

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