Inheritance Rights of Children Born Out of Wedlock Based on Religious Court Decision Number 240/Pdt.G/2022/PA.Mrs

Analisis pertimbangan hakim dan batas hak waris dalam hukum Islam

Abstract

This study examines the inheritance rights of children born out of wedlock based on the Marisa Religious Court Decision Number 240/Pdt.G/2022/PA.Mrs. The focus of the study is directed at the judge's considerations in determining the civil relationship between children born out of wedlock and their biological fathers, as well as the factors influencing these decisions. This study uses a normative-empirical legal method with statutory, conceptual, and case approaches. The legal materials used include the Marriage Law, the Compilation of Islamic Law, Constitutional Court Decision Number 46/PUU-VIII/2010, Indonesian Ulema Council Fatwa Number 11 of 2012, and religious court decisions that are the objects of study. The results show that the panel of judges fully recognizes the civil relationship between the child and the mother, while the relationship with the biological father is limited to the obligation to fulfill living needs until adulthood or independence and the granting of a mandatory will of a maximum of one-third of the inheritance. This decision is influenced by the protection of children's interests, the lack of implementing regulations following the Constitutional Court decision, and Islamic legal principles regarding lineage and inheritance. This study concludes that court decisions attempt to balance the protection of children's rights with the limits of inheritance in Islamic law.