Kandar, Dedi (2023) Tinjauan Yuridis Tentang Pembagian Harta Waris Kepada Anak Di Luar Nikah Ditinjau Dari Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undang-undang Nomor 1 Tahun 1974 Tentang Perkawinan Dan Kompilasi Hukum Islam (khi). Other thesis, Universitas Islam Riau.

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Abstract

This research examines and answers problems regarding the legal relationship of illegitimate children with their parents and families according to Islamic law and civil law; legal status of children out of wedlock in inheritance law according to Islamic law and civil law; distribution of inheritance of illegitimate children based on Islamic inheritance law and the Civil Code. This research includes comparative normative legal research. The research data includes secondary data because in this study it examines library data. This study uses data collection techniques in the form of document studies by studying, collecting and analyzing to find data from written materials. Secondary data that has been collected is then processed and analyzed qualitatively. After the data analysis is complete, the results are presented descriptively, namely by telling and describing what is in accordance with the problems studied and the data obtained. Children out of wedlock based on Islamic law and civil law do not have a legal relationship with the father and his father's family. A child out of wedlock only has a legal relationship with his mother and his mother's family. Islamic law does not accept recognition because their status as a child out of wedlock cannot be changed. In contrast to Civil law which recognizes confession. With the recognition of the legal status of children out of wedlock can turn into a recognized child out of wedlock. Children out of wedlock who are recognized as entitled to inherit according to what class they inherit and what is regulated in the Civil Code. Children out of wedlock in Islam do not inherit from their father because there is no lineage between them.

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