Legal Analysis of Provision of Assets to Stepsons Reviewing From Article 171 of The Compilation of Islamic Law

Abstract

This study aims to analyze whether stepchildren can inherit from their parents' marriage, as well as examine the legal consequences for stepchildren who get inheritance from their parents' marriage. The research method used is empirical juridical which is an approach model in the form of an action to see a legal reality in society which is chosen as the type of research the author uses. Factually, the implementation of positive legal provisions in legal events is also studied in this empirical legal research which aims to ensure the suitability of the results of its application with the provisions of the Act. Research result shows that stepchildren are basically children born to husband or wife from previous marriages who are legally related to a new legal marriage by their father or mother, where the husband's or wife's congenital child is a stepchild in the family or a new marriage by the father or her mother. Status as a stepchild does not eliminate the inheritance rights of a stepchild as a biological child from his biological father or mother who brings a stepchild into a new marriage, and the position of a stepchild in inheritance rights is also recognized by Islamic inheritance law as Hijab Nuqshan (Barrier which results in reduced inheritance rights). heir share). That stepchildren in Islamic inheritance law are not directly classified as heirs because there is no reason to inherit (asbabul miirats). But by using other alternatives in Islamic inheritance law, stepchildren will not lose their right to get protection from their parents, as inborn children of their biological father and mother. Where in Islamic inheritance law, stepchildren can get inheritance from the marriage of their new biological father or mother (his new family) by means of Qiyas and Wasiat obligatory by 1/3.