STATUS OF INHERITANCE RIGHTS OF CHILDREN FROM TRADITIONAL MARRIAGES OF THE KARO TRIBE WHOSE MARRIAGE IS NOT RECORDED FROM THE PERSPECTIVE OF A COMPILATION OF ISLAMIC LAW (CASE STUDY OF RUMAH MBANCANG VILLAGE)

Abstract

This article examines the status of the inheritance rights of children from traditional marriages of the Karo tribe whose marriages are not recorded in state administration from the perspective of the Compilation of Islamic Law. This research departs from the problems that exist in Rumah Mbacang Village, where the practice of traditional marriage is still often carried out without official marriage registration. The main problem usually refers to the legal status of the child resulting from the marriage in relation to inheritance rights according to the Compilation of Islamic Law which requires a valid marriage both religiously and stately. The research method used is empirical juridical with a qualitative approach. Where the results of the study explain that traditionally children born from marriage are recognized as legitimate children by the Karo tribal community, but in the perspective of the Compilation of Islamic Law itself, the legal status of children greatly affects in terms of determining inheritance rights, due to the absence of concrete evidence so that their status will be weak in the eyes of the law. This study also recommends that there is continuity between customary law and Islamic law through marriage registration as an effort to protect the child's inheritance rights.