The Position of Children in the Distribution of Inheritance from Incest Marriages According to Islamic Law and Civil Law

Abstract

Marriage is a sacred process that has several legal requirements that must be obeyed. One of the conditions for the validity of a marriage is that all conditions must be fulfilled; furthermore, any conditions things are contained in the marriage are invalid, such as committing inbreeding or incest. The marriage is considered invalid or can even be canceled by law. When a marriage is considered invalid or even annulled by law, it will have legal consequences for the position of children born from the marriage, one of which is the position of children in inheritance. This research uses a normative legal approach method that uses doctrines and principles of law as a reference and uses primary and tertiary legal materials. From this research, it can be concluded that inbreeding or incest is considered invalid in Indonesia, so that the position of children born from an incest relationship is illegitimate and are also referred to as adulterous children or discordant children (civil code). In terms of inheritance, children of incest have no inheritance at all. Both Islamic and Civil Law state that children of incest only have relation to ther biological mother and mother’s family, while to their bio-logical father, there are no relation at all, it cause they are have not obligation to inherit each other and only have a right to demand the necessary maintenance from their biological father asset’s.