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...
| 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/ http://journalarticle.ukm.my/23126/1/IJIT_24_12.pdf |
| _version_ | 1848815766163423232 |
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| author | Muhamad Muizz Abdullah, Abdul Bari Awang, Mohamad Sabri Zakaria, |
| author_facet | Muhamad Muizz Abdullah, Abdul Bari Awang, Mohamad Sabri Zakaria, |
| author_sort | Muhamad Muizz Abdullah, |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | 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. |
| first_indexed | 2025-11-15T00:55:11Z |
| format | Article |
| id | oai:generic.eprints.org:23126 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:55:11Z |
| publishDate | 2023 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org:231262024-03-05T01:43:57Z http://journalarticle.ukm.my/23126/ Illegitimate child inheritance: an analysis from syariah perspective Muhamad Muizz Abdullah, Abdul Bari Awang, Mohamad Sabri Zakaria, 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. Penerbit Universiti Kebangsaan Malaysia 2023-12 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/23126/1/IJIT_24_12.pdf Muhamad Muizz Abdullah, and Abdul Bari Awang, and Mohamad Sabri Zakaria, (2023) Illegitimate child inheritance: an analysis from syariah perspective. International Journal of Islamic Thought ( IJIT ), 24 . pp. 133-144. ISSN 2232-1314 http://www.ukm.my/ijit/ |
| spellingShingle | Muhamad Muizz Abdullah, Abdul Bari Awang, Mohamad Sabri Zakaria, Illegitimate child inheritance: an analysis from syariah perspective |
| title | Illegitimate child inheritance: an analysis from syariah perspective |
| title_full | Illegitimate child inheritance: an analysis from syariah perspective |
| title_fullStr | Illegitimate child inheritance: an analysis from syariah perspective |
| title_full_unstemmed | Illegitimate child inheritance: an analysis from syariah perspective |
| title_short | Illegitimate child inheritance: an analysis from syariah perspective |
| title_sort | illegitimate child inheritance: an analysis from syariah perspective |
| url | http://journalarticle.ukm.my/23126/ http://journalarticle.ukm.my/23126/ http://journalarticle.ukm.my/23126/1/IJIT_24_12.pdf |