Anggrayani Pasaribu, May (2024) Kedudukan Hak Waris Anak Yang Masih Dalam Kandungan Dalam Prespektif Hukum Islam. Other thesis, Universitas Islam Riau.

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Abstract

The issue of inheritance can be a source of problems or disputes in a family, especially regarding the issue of the position of unborn children as heirs, because if a person dies, he leaves behind pregnant relatives, for example wife (widow), mother, daughter, daughters-in-law, sisters and others, so there are problems in the distribution that need to be resolved, especially from the perspective of Islamic inheritance law. This research discusses the position of unborn children as heirs and their distribution to unborn children in the perspective of Islamic inheritance law. The research method used in this writing is a normative legal research type where data collection is carried out by studying library materials such as the Al-Qur'an, Hadith, and Complications of Islamic Law. Meanwhile, judging from its nature, it is in the form of descriptive analysis. The research results show that Islamic inheritance law is of the view that the unborn child will receive inheritance if the conditions are met. Among other things, the child was born with the living conditions as contained in the Al-Qur'an Surah An Nisa/4: 11, An Nisa Verse/4: 12, An Nisa/4: 176; and Surah Al- Baqarah/2: 233. Meanwhile, there are three ways of dividing it, namely: First, waiting after the baby is born to find out its gender. Second, carrying out the distribution without waiting for the birth of the child in the womb alone. Third, if a child is born a boy, he will not receive an inheritance because it has been previously distributed by the heirs and if the child is born a girl, he will get a 1/6 share to complete the 2/3 share of his biological sister.

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