The Polemic of Children of Different Religions Mama Dedeh, Legitimately Can’t Get an Inheritance!

Jakarta, – Mamah Dedeh suddenly went viral after a woman named Alya Theresia Theresia Syarifuddin claimed to be her biological child. However, Mia, Mamah Dedeh’s daughter, immediately denied this.

As reported second, Alya, who claimed to be Mamah Dedeh’s biological child, was expelled because she changed her faith. This news went viral after Alya uploaded a video on TikTok.

Mamah Dedeh’s family emphasized that so far Mamah Dedeh only had four children, namely Mia, Somi, Billy and Alam. They didn’t know Alya either, nor did they know whether she existed or not.

Apart from Mamah Dedeh’s case, the question arises, if a child decides to change his faith, can he be declared disqualified as the heir? Here’s an explanation.

Is it possible to inherit through Islamic law?

According to Article 171 letter C in the Compilation of Islamic Law (KHI), it is stated that “heirs are people who at the time of death have blood relations or marital relations with the heir, are Muslim and are not hindered by law from becoming heirs.”

It is clear that if a child who used to be a Muslim changes his faith, then he no longer has the right to inherit.

However, referring to article 209 KHI, there is an article that regulates the matter of Obligatory Wills which are generally used to grant inheritance rights to adopted children whose amount does not exceed ⅓ of the heir’s assets.

In Supreme Court Decision No. 16 K/AG/2010 dated 30 April 2010, wives of different religions (non-Muslims) who are married and accompany the heir for 18 years of marriage are also entitled to inherit through the obligatory will institution.

What if according to the law of the Civil Code?

In Article 832 of the Civil Code (KUH Perdata), it is stated that inheritance only occurs because of death. And the principle of inheritance in the Civil Code is based on blood relations.

So in essence, those who are entitled to become heirs are blood relatives, both legal and illegitimate and the husband or wife who has lived the longest, as stated in Article 832 of the Civil Code.

The division of inheritance according to the Civil Code does not distinguish between men and women, the Civil Code also does not regulate the inheritance of different religions.

[Gambas:Video CNBC]

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