Ketentuan Hak Waris Anak Hasil Bayi Tabung Dalam Perspektif Fikih Syafi’i

Abstract

A child resulting from artificial insemination or IVF is a child born due to the process of fusion of sperm and ovum without sexual intercourse, then processed in the tube (outside the uterus), after fertilization occurs and the embryo or zygote is sown into the woman's uterus. The problem in this study concerns the right of inheritance of IVF children. This study is a literature study using qualitative methods that produce descriptive data. The source of data is in the form of secondary data obtained from the results of research and several previous journals related to this study. The sources of secondary data that the author uses in this study are various books and books of contemporary jurisprudence related to this research problem. As for the results of this study, the practice of IVF can be classified into two kinds, namely the practice of IVF in accordance with the Shari'a and not in accordance with the Shari'a. As for the practice of IVF in accordance with the Shari'a, that is, if the seed comes from a legitimate husband and wife, then the child from the results of the practice of IVF can inherit from both parents by Islamic Family Law. As for the practice of IVF yangtidak in accordance with Shari'a Islamic Family Law the child from the results of the practice of IVF can not inherit from his father but can inherit from the mother who has given birth to child.