Pembagian Warisan kepada Anak dari Hasil Nikah Sepersusuan Perspektif Hukum Islam: Inheritance Rights of Children Born from Invalid Milk Kinship Marriage in Islamic Law Perspective
Year: 2025
Type: article
Abstract: This study examines the issue of inheritance rights for children born from invalid marriages due to milk kinship (raḍāʿah), a form of mahram relationship arising from breastfeeding that renders marriage impermissible under Islamic law. Utilizing a normative juridical approach and descriptive qualitative method, the research draws upon evidences from the Qur’an, Hadith, and scholarly opinions from the four major Islamic schools of thought. The primary objectives of this study are to determine the legal status of children from marriages annulled due to milk kinship, and to clarify the rules of inheritance applicable to such children. The findings indicate that if a marriage was initially considered valid but later annulled due to raḍāʿah, the marital relations fall under the category of waṭʾu shubhah (intercourse under mistaken legality). In such cases, the child is not considered illegitimate (walad al-zinā) and retains a valid legal lineage to the biological father. As a result, the child remains entitled to full inheritance rights under shubhah al-ʿaqd. Scholars across the Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī schools generally agree that children born of waṭʾu shubhah are entitled to all civil rights, including inheritance, as prescribed in Q.S. al-Nisāʾ/4: 11. This study contributes to the development of Islamic legal discourse on lineage protection and the rights of children, particularly in contemporary cases involving annulled marriages due to breastfeeding ties. This work can be used as a scholarly reference in the area of Islamic family law, specifically with regard to questions of inheritance and determining ancestry in cases where marriages are deemed unlawful because of shubhah (dubious contracts). Furthermore, the study can serve as a foundation for religious courts to resolve inheritance disputes involving children born out of milk kinship marriages. In light of Indonesian society's socio-legal framework, this study adds to the corpus of recent Islamic legal literature.
Source: AL-FIKRAH Jurnal Kajian Islam
Authors: Muhammad Aldi Jabbar, Ahmad Syaripudin, Ridwan
Institution: Institut Agama Islam STIBA Makassar
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7215769770