Eka Mahargiani
INISNU Temanggung, Indonesia

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Adopted Children with the Legal Status of Biological Children: Implications for Inheritance Rights Eka Mahargiani; Itsna Ummahatul Izza; Eko Sariyekti
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.624

Abstract

In Islam, the tradition of adoption has been known since the pre-Islamic period and later regulated by Sharia to maintain the principles of justice and public interest. However, currently there are adopted children who hold the status of biological children, and this has become something that needs to be examined. The purpose of this research is to examine the status of adopted children who are treated like biological children in terms of inheritance, both based on positive law in Indonesia and according to Islamic law. The method used in this research employs a normative juridical approach. The research is descriptive qualitative and conducted through literature study. The data sources consist of primary data such as the Compilation of Islamic Law article 171 letter h, article 209 paragraph 2, scholars' opinions, as well as Law No. 35 of 2014 jo. Law No. 23 of 2002 and Government Regulation No. 54 of 2007. Data collection techniques include document review and literature study, while data analysis is carried out through the stages of collection, processing, analysis, and interpretation to obtain accurate conclusions. The results of this study explain that adopted children do not have the right to their adoptive parents' inheritance due to the absence of blood relation, but they can still receive part of the inheritance through gifts, wills, or obligatory wills with a maximum limit of one-third of the total inheritance. In Positive Law, according to Law No. 35 of 2014 concerning Child Protection, the inheritance issue of adopted children who have the status of biological children is not explained in detail, but it is stated that adopted children are treated like biological children and have equal rights to care, education, and protection.
The Chronicle of the Prohibition of Marriage in the Month of Suro: A Historical, Philosophical, and Community Education Analysis Eka Mahargiani; Faiqqotus Sakdiyah; Sumarjoko Sumarjoko; Zainal Arifin
Amorti: Jurnal Studi Islam Interdisipliner Vol. 5 No. 1 Januari 2026: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/amorti.v5i1.1237

Abstract

The prohibition of marriage during the month of Suro remains a widely observed tradition in Javanese society, reflecting the dynamic interaction between local cultural practices and Islamic values, particularly in relation to Javanese cosmology and the concept of the sacredness of time. This study aims to examine the historical development and philosophical significance of the tradition of prohibiting marriage during the month of Suro from the perspectives of Javanese culture and Islamic law. The research employs a qualitative library research method using historical and philosophical approaches. Data were collected from historical literature, studies on Javanese culture, scholarly journal articles, and previous research, and were analyzed using a descriptive-analytical method. The findings indicate that this tradition constitutes a form of cultural heritage shaped through a long historical process, rooted in pre-Islamic cosmological beliefs and subsequently developed through the acculturation of Hindu-Buddhist and Islamic traditions. Philosophically, the tradition embodies values of prudence, respect for ancestors, and the preservation of harmony between human beings, nature, and the spiritual realm. Over time, its function has shifted from a binding social norm to a cultural symbol and an expression of local wisdom. From the perspective of Islamic law, there is no prohibition against marriage in any specific month. Therefore, this tradition may be regarded as a form of customary practice (ʿurf) that is acceptable as long as it does not contradict the principles of Islamic law.