Hak Waris Anak dari Pernikahan Siri Perspektif Fiqih Islam dan Hukum Positif

Studi Kasus di Kecamatan Kulo Kabupaten Sidenreng Rappang

Abstract

This study aims to examine the practice and dynamics of resolving inheritance rights of children born from unregistered marriages (nikah siri), analyze the perceptions of Religious Affairs Office (KUA) officials, religious leaders, and heirs’ families regarding the legal status and inheritance rights of such children, and identify the social impacts arising after the enactment of regulations on marriage and inheritance in Kulo Subdistrict, Sidenreng Rappang Regency. This is a qualitative study employing normative theological (shar‘ī), juridical, and sociological approaches. Data were collected through observation, in-depth interviews, and documentation involving informants including the Head of KUA Kulo, village officials, religious and community leaders, wives from unregistered marriages, and related families. Data were analyzed thematically using Lawrence M. Friedman’s legal system theory and the theory of maṣlaḥah (maqāṣid al-sharī‘ah). The findings show that: (1) the settlement of inheritance rights of children from nikah siri in Kulo is predominantly conducted through family deliberation (musyawarah), in which the children’s position is often weak due to the absence of marriage registration evidence and rejection by the heirs’ family; formal remedies through isbat nikah and determination of parentage are relatively rare; (2) KUA officials recognize the duality between fiqh validity and evidentiary problems under positive law and emphasize the importance of isbat nikah; religious leaders generally acknowledge nasab and inheritance rights under fiqh; heirs’ families tend to reject the heir status of children from nikah siri on the grounds of non-registration; (3) social impacts include legal status uncertainty for children, family conflict, unjust distribution of estates, and low legal awareness. A legal culture that prioritizes religious validity without registration remains the main obstacle to protecting children’s rights, despite the availability of legal structure and substance.