HAK WARIS ANAK DARI PERKAWINAN BEDA AGAMA MENURUT KOMPILASI HUKUM ISLAM

Abstract

ABSTRACT

       Interfaith marriage is a problem khilafiyah in Islamic law. The marriage happens a lot and we have encountered in the community, especially among celebrities. Marriages performed by them are no longer based on a religious belief, but they are only based on love. As if love alone which became the main base in a marriage. The phenomenon of interfaith marriage is prevalent in Indonesia could cause a variety of problems in terms of the law, such as in matters of inheritance law. marriage and inheritance law are two things that are interwoven in human life,
because the mating process will occur inherit each other. In Islamic law, religious differences can not inherit each other with each other. Similarly, children born of interfaith marriage could not inherit anyway.
The problems discussed in this thesis is about the status and inheritance law of children of interfaith marriage according to fiqh and KHI, with the aim to find out how the actual existence of children of interfaith marriage according to fiqh and KHI and to find out more about the inheritance law of children of the marriage be different religion according to fiqh and KHI.
In this study the authors used a qualitative approach to the type of research bibliographich research or research based literature. While collecting data, the authors use the documentation. In this study, the authors find data on interfaith marriage and inheritance of different religions in the scientific literature, official documents and other matters related to the discussion.
Results of research have shown that according to the jurisprudence, the status of children of interfaith marriage is considered as a legitimate child if the child born of the marriage with a woman of the Book, because marriage with a woman of the Book is lawful by Allah SWT. Meanwhile, according to KHI child was illegitimate, since KHI prohibits the practice of interfaith marriage.
     As for the legal next of kin, according to fiqh children of interfaith marriage could get through was borrowed heritage that should not be more than 1/3 of the estate muwaris. Meanwhile, according to KHI, the child could not inherit from his father and could only inherited from the mother and family.

Keywords: Children, Inheritance, Marriage Interfaith.