Inheritance Rights of Illegitimate Children and Wives Under Islamic Law

Abstract

This research examines inheritance rights to joint property for extra-marital children obtained through wills and the protection of wives as heirs in Islamic law. Islamic law does not recognize joint property, whereas the Civil Code and Marriage Law apply it only to legal spouses. Extra-marital children have no rights to joint property unless granted through a will, which requires the wife's consent and cannot exceed 1/3 of the testator's assets without other heirs' approval. Recognized extra-marital children have limited inheritance rights, receiving a maximum of 1/3 of a legitimate child's share if the testator has legal descendants or the entire estate if no legitimate heirs exist. Extra-marital children only inherit from their mother and her family, with no paternal inheritance rights unless granted through a mandatory will, as stipulated in Constitutional Court Decision Number 46/PUU-VIII/2010. In Bima customary law, extra-marital children can only inherit through a will. Wives, as heirs in Islamic law, receive 1/4 of the inheritance if the testator has no children and 1/8 if children exist. Before inheritance distribution, debts and wills are settled, with wills limited to 1/3 of assets, ensuring no harm to legal heirs. Extra-marital children are not direct heirs but may receive a share through wills. In Bima customary law, a wife remains an heir, although her inheritance may be reduced if there is a will for extra-marital children. This methodology ensures a comprehensive understanding of inheritance rights through both theoretical and practical perspectives in Islamic and customary law.