Jakarta, CNBC Indonesia – Moments in the past, Mamah Dedeh abruptly went viral due to the looks of a lady who claimed to be her organic baby.
The girl named Alya Theresia Syarifuddin admitted that she was kicked out by Mamah Dedeh as a result of she modified her religion, quoted from detik.com. Nonetheless, Mia, Mamah Dedeh’s organic daughter, instantly denied this confession.
Mamah Dedeh’s household emphasised that to this point Mamah Dedeh solely had 4 youngsters, particularly Mia, Somi, Billy and Alam. They did not know Alya both, nor did they know whether or not she existed or not.
Aside from Mamah Dedeh’s case, the query arises, if a baby decides to alter his religion, can he be declared disqualified because the inheritor? Here is an evidence.
Can Youngsters of Totally different Religions Get Inheritance Via Islamic Legislation?
In keeping with Article 171 letter C within the Compilation of Islamic Legislation (KHI), it’s acknowledged that “heirs are individuals who on the time of dying have blood relations or marital relations with the inheritor, are Muslim and usually are not hindered by regulation from turning into heirs.”
It’s clear that if a baby who was a Muslim adjustments his religion, then he now not has the precise to inherit.
Nonetheless, referring to article 209 KHI, there may be an article that regulates the matter of Compulsory Wills that are usually used to grant inheritance rights to adopted youngsters whose quantity doesn’t exceed ⅓ of the inheritor’s property.
Within the Supreme Court docket Resolution No. 16 Ok/AG/2010 dated 30 April 2010, wives of various religions (non-Muslims) who’re married and accompany the inheritor for 18 years of marriage are additionally entitled to inherit by the compulsory will establishment.
What are the authorized provisions of the Civil Code relating to the inheritance of kids of various religions?
In Article 832 of the Civil Code (KUH Perdata), it’s acknowledged that inheritance solely happens due to dying. And the precept of inheritance within the Civil Code is predicated on blood relations.
So in essence, those that are entitled to turn out to be heirs are blood family members, each authorized and illegitimate and the husband or spouse who has lived the longest, as acknowledged in Article 832 of the Civil Code.
The division of inheritance based on the Civil Code doesn’t differentiate between women and men, the Civil Code additionally doesn’t regulate the inheritance of various religions.
[Gambas:Video CNBC]
(fab/fab)
