A Legal Review of the Inheritance Rights of Children Outside Marriage Based on Islamic Inheritance Law in Indonesia

Abstract

Islamic law has clear rules of inheritance based on legal lineage. Children born out of wedlock do not have lineage to their biological father and therefore have no right to inherit from their father because they are only recognized as the child of their mother, who only has the right to inherit from her mother and her family. The inheritance does not use hisāb and radd of the father's heirs, but through the mother based on fard inheritance law. However, the NU National Conference forum stated that the father remains responsible for maintenance or obligatory wills, but not direct inheritance, only moral protection without recognizing legal lineage. It was concluded that children born out of wedlock only have the right to inherit from their mother and her family, but the father remains responsible for maintenance or obligatory wills.