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Fakultas Hukum Universitas Diponegoro

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Implementasi Pembagian Waris Terhadap Anak Angkat Pada Masyarakat Muslim Mas’ut; Emy Handayani
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.bmyg1579

Abstract

Islamic law basically does not prohibit the practice of adopting children, also known as adoption, as long as it does not affect and does not change the relationship between the child and his biological parents. However, Islam prohibits adoption when the adoption will cause problems or problems, namely the severance of the child's relationship with his biological parents. Adoption that is permitted by Islamic law also does not affect inheritance. Islamic law does not make adopted children or adoption a cause of inheritance rights between adopted children and adoptive parents. In Indonesian Muslim society, some of those who do not have children, they adopt children to be their children and it is hoped that when they grow up they can help and support the lives of the adoptive parents. And what is most expected is when the adoptive parents are old, this adopted child is the one who is desired and expected to be able to take care of them later. Adopted children are usually treated like their own biological children in their love. Not a few of these adopted children treat their adoptive parents like their own biological parents in taking care of them when the adoptive parents are old and can no longer do anything. When the adoptive parents have died, of course they leave the property they have as inheritance. And the property left behind will of course be divided among the heirs. While the adopted child who has done such great service to his adoptive parents, of course he will get a share of the property left by his adoptive parents.
Keadilan Dalam Syariat Islam Pembagian Waris Terhadap Anak Angkat Emy Handayan; Mas’ut; Agus Sarono
Wijayakusuma Law Review Vol. 7 No. 1 (2025): Wijayakusuma Law Review
Publisher : Faculty of Law, Universitas Wijayakusuma Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51921/wlr.enas8c49

Abstract

Inheritance law is very important, this is proven by the results of research by students of the Faculty of Law, Jayabaya University, Jakarta in order to fulfill the requirements for taking the Islamic Law II exam in the 1978/1980 academic year period. It appears in the statistics of cases entered and determined by the Religious Court in the Special Capital Region of Jakarta Raya, inheritance problems are ranked 2nd after marriage problems (Marriage, Divorce, and Reconciliation). The form and system of inheritance law are very closely related to the form of society in a region or place. If it can be said that law is one aspect of culture, both spiritual and physical, this is perhaps one of the reasons why there are various legal systems, especially inheritance law. Law determines the form of society, a society that is not yet known can be tried to understand it in its basics by studying the laws that apply in society. In Indonesia, there are three legal systems that regulate the application of issues and problems regarding adoption. The three legal systems are Islamic law, customary law, and Western law. However, the author will not discuss the customary law system and the Western law system, because he will focus on Islamic inheritance law. Based on the explanation above, it can also be concluded that the principle of proportional justice means giving a portion to someone based on their services or contributions. Thus, everyone does not have to get the same portion if the efforts made are different. Adopted children in the view of the principle of proportional justice can be given a more sufficient portion, as per article 209 of the KHI. This provision is of course followed by the condition that the child has contributed to their adoptive parents. The use of justice as a legal framework will make the law flexible and create happiness for humans.