The birth certificate and the Right of Waris

the Government gave the appeal to the community to immediately equip the identity by having the birth certificate, and being explained that they who did not have the birth certificate, then did not have inheritance rights opposite the court.

Could the birth certificate be put into the category of مانع الإرث or the case that obstructed the heir to get the inheritance? How the existence of this regulation in a syara manner when being enacted oeleh the government?

Actually, the government regulation in the policy of having the certificate was maslahah (contained the good intention) and could be justified. Only the existence of the certificate in the perspective fiqh not be classed as one of the four of مانع الإرث (sperm Al-irts, the obstacle to inheritance rights) in the study fikih

But the certificate continued to be acknowledged as one of the space of the determination law of the inheritance, while being not made the only proof. Saw in Bughyah al-Mustarsyidin hlm. 155 and 276-277

Like the dispute between the heir who carried him to the court, happened and result in fell him inheritance rights from the heir who did not have the birth certificate, then was permitted by him to seize his right with had while not causing slander. And if causing slander, then the method was wiser that must be followed was to carry out the equal to the taller court. Bughyah al-Mustarsyidin the matter 286-287 and 276

(was proofread from produced by Bahtsul Masa’il Kubro Ii 2007 committees of Bahtsul Masa’il Pondok Pesantren Lirboyo Kediri)