The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law
This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina)Â for his entire life and forbidden from inherit...
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| Format: | Article |
| Language: | English |
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Hasanuddin University
2024-05-01
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| Series: | Hasanuddin Law Review |
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| Online Access: | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/5170 |
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| author | I Nyoman Sujana Irma Rachmawati Maruf |
| author_facet | I Nyoman Sujana Irma Rachmawati Maruf |
| author_sort | I Nyoman Sujana |
| collection | DOAJ |
| description | This article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family. |
| format | Article |
| id | doaj-art-afd237a9e43342449c30d63e15aa317b |
| institution | Kabale University |
| issn | 2442-9880 2442-9899 |
| language | English |
| publishDate | 2024-05-01 |
| publisher | Hasanuddin University |
| record_format | Article |
| series | Hasanuddin Law Review |
| spelling | doaj-art-afd237a9e43342449c30d63e15aa317b2025-08-20T03:42:23ZengHasanuddin UniversityHasanuddin Law Review2442-98802442-98992024-05-01101839310.20956/halrev.v10i1.5170930The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary LawI Nyoman Sujana0Irma Rachmawati Maruf1Faculty of Law, University of Warmadewa, BaliFaculty of Law, Pasundan University, BandungThis article analyzes the inheritance rights of extramarital children under the post-Constitutional Court decision of Balinese customary law. Any child born of unmarried parents or out of adultery is stigmatized as an extramarital child (walad al zina) for his entire life and forbidden from inheriting an estate from his biological father. This legal issue is chosen as the main subject of this study is because of the legal circumstance in which the Balinese community does not grant status to extramarital children in matters of inheritance from the Purusa line. Hindu-Balinese religious leaders such as Parisada and the Traditional Village Council have never upheld the Constitutional Court’s ruling that states that children born out of wedlock have civil relations with their biological fathers. Islamic religious leaders have followed up on the Constitutional Court’s decision by issuing a fatwa of the Indonesian Ulema Council (MUI). The fatwa imposes an obligation on biological fathers to separate their wealth for a guarantee of life to children. Applying the statutory approach, conceptual approach, sociological approach, and case approach, it can be understood that children born out of wedlock (the Balinese call it begin at children) have no status as heirs in the Purusa line but have inheritance rights from their mother and their mother’s family.http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/5170childrenconstitutional rightsconstitutional courtcustomary lawextramaritalinheritance |
| spellingShingle | I Nyoman Sujana Irma Rachmawati Maruf The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law Hasanuddin Law Review children constitutional rights constitutional court customary law extramarital inheritance |
| title | The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law |
| title_full | The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law |
| title_fullStr | The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law |
| title_full_unstemmed | The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law |
| title_short | The Constitutionality of Inheritance Rights for Extramarital Children: Assessing the Legal Response under Balinese Customary Law |
| title_sort | constitutionality of inheritance rights for extramarital children assessing the legal response under balinese customary law |
| topic | children constitutional rights constitutional court customary law extramarital inheritance |
| url | http://pasca.unhas.ac.id/ojs/index.php/halrev/article/view/5170 |
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