Illegitimate child inheritance: an analysis from syariah perspective
An illegitimate child is born outside of legal marriage by both parents, as a result of adultery. The implication is that their rights in the Islamic law are hindered, such as inheritance from their biological father. However, is it the child's right to be categorically denied from receiv...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Penerbit Universiti Kebangsaan Malaysia
2023
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| Online Access: | http://journalarticle.ukm.my/23126/1/IJIT_24_12.pdf http://journalarticle.ukm.my/23126/ http://www.ukm.my/ijit/ |
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| Institution: | Universiti Kebangsaan Malaysia |
| Language: | English |
| Summary: | An illegitimate child is born outside of legal marriage by both parents, as a result of
adultery. The implication is that their rights in the Islamic law are hindered, such as
inheritance from their biological father. However, is it the child's right to be
categorically denied from receiving his biological father's estate? What is the alternative
in syarak, in caring for their welfare? This study will analyze the ruling of illegitimate
child inheritance from a syariah perspective, and thus propose some solutions to the
problem. This study applied a qualitative approach using the library research method.
The findings were obtained from articles, cases from the Syariah Court, acts, enactments,
and analysis of fatwas in Malaysia. To achieve this objective, interviews were also
conducted with a takaful consultant and an executive from the Amanah Raya Berhad
(ARB). This study found that the instruments of hibah takaful, will, trust or testamentary
trust can be implemented in Islamic estate planning to safeguard the welfare of an
illegitimate child. |
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