Adlian Aldita Alif Aisyah Ainur Khoyum, Bertha Amilia, Candra Hafidz Ardana
The issue of granting inheritance to extramarital children presents a complex challenge within the framework of Islamic law, particularly in contemporary legal contexts where societal norms and family structures have evolved. This paper examines the jurisprudential perspectives and legal interpretations surrounding the inheritance rights of extramarital children in Islam. Through a comprehensive analysis of classical Islamic legal texts, contemporary scholarly opinions, and relevant legal precedents, this study elucidates the various arguments and debates surrounding this contentious issue. It explores the underlying principles of Islamic inheritance law, such as fairness, justice, and familial ties, and assesses how these principles intersect with the rights of extramarital children. Furthermore, this paper considers the social implications and ethical considerations associated with granting inheritance to extramarital children, including questions of legitimacy, parental responsibility, and societal attitudes towards non-marital relationships. By critically evaluating different viewpoints and legal frameworks, this study aims to provide insights into potential approaches for reconciling Islamic legal principles with contemporary notions of justice and equality in matters of inheritance. The findings of this research contribute to ongoing discussions within both religious and legal communities regarding the rights of extramarital children under Islamic law, offering perspectives that may inform policy development and legal reform efforts aimed at ensuring equitable treatment for all individuals within the framework of Islamic jurisprudence. © 2022, Universitas Negeri Semarang. All rights reserved.
Faculty of Law, Universitas Negeri Semarang, Semarang, Indonesia; Universitas Islam Negeri Malik Ibrahim, Malang, Indonesia
