KEDUDUKAN FATWA MUI NOMOR 11 TAHUN 2012 TERHADAP KEWARISAN ANAK HASIL ZINA PRESPEKTIF HUK ISLAM DAN HUKUM POSITIF

Abstract

A child of adultery is a child born from a relationship between a woman and a man who is not legally married. The impact of birth of a child resulting from adultery will have different rights from a child lawfully born, such as the right to inheritance, guardianship, and maintenance, Researchers see that there are differences between Islamic law and positive law regarding the inheritance of assets to children resulting from adultery. This research uses library research with a type of normative legal research using a statutory approach, as for data collection techniques sourced from primary and secondary data with data analysis methods using interactive models. In this case, the MUI issued a fatwa regarding inheritance rights to children resulting from adultery which stated that children resulting from adultery do not have the right to obtain inheritance rights from their biological father. This fatwa is in line with the opinions of four schools of thought. However, the MUI gave a request to the biological father to provide a mandatory will. This is different from positive law such as the Civil Code which states that illegitimate children can become heirs of their biological father if they are legally recognized by the father (Article 280 of the Civil Code).

 

Keywords: mui, inheritance, children of adultery, Islamic law, positive law.