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All Journal El 'Aailah Edulaw : Journal of Islamic Law and Yurisprudance
Dindin Syarief Nurwahyudin
Universitas negeri gorontalo
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Yuridis Adopsi Anak Terhadap Hak Waris Dan Perikatan Dalam Hukum Islam Dan Hukum Positif: Implikasi Yuridis Adopsi Anak Terhadap Hak Waris Dan Perikatan Dalam Hukum Islam Dan Hukum Positif Dindin Syarief Nurwahyudin; Nakhma’ussolikhah
Edulaw : Journal of Islamic Law and Yurisprudance Vol. 8 No. 1 (2026): Edulaw : Journal of Islamic Law and Yurisprudance
Publisher : Islamic Criminal Law Study Program, Bunga Bangsa Cirebon Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47453/edulaw.v8i1.4105

Abstract

This study aims to analyze the legal implications of child adoption on inheritance rights and contractual relationships from the perspective of Islamic law and Indonesian positive law. The research employs a normative juridical approach with a descriptive-comparative analysis through the examination of statutory regulations, the Compilation of Islamic Law (KHI), as well as relevant literature and court decisions. The results indicate that under Islamic law, adoption (tabannī) does not create a legal lineage or inheritance rights between the adopted child and the adoptive parents. The adopted child is only entitled to a share of the estate through a hibah (grant) or wasiat wajibah (obligatory will) as stipulated in Article 209 of the KHI. Conversely, under Indonesian positive law, adoption is recognized as a legitimate legal act based on a court decision that establishes full civil relations, including reciprocal rights and obligations between the adopted child and the adoptive parents. Although there are fundamental differences in their legal foundations and consequences, both systems share the same objective—ensuring the protection and welfare of the child. This study emphasizes the importance of harmonizing Islamic law and positive law to ensure that adoption practices in Indonesia provide legal certainty while upholding justice and moral-religious values. Keywords: child adoption, inheritance rights, contractual relationship, Islamic law, Indonesian positive
Analisis Psikologis Terhadap Adopsi Anak Perspktif Konseling Hukum Keluarga Islam : Analisis Psikologis Terhadap Adopsi Anak Perspktif Konseling Hukum Keluarga Islam Nakma Ussolikhah; Dindin Syarief Nurwahyudin
El 'Ailaah Vol 5 No 1 (2026): El 'Aailah: Jurnal Kajian Hukum Keluarga
Publisher : Program Studi Hukum Keluarga (Ahwal Syakhshiyah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59270/aailah.v5i1.371

Abstract

The threats to education in the 21st century are increasingly complex and growing rapidly. Several threats that need to be paid attention to justice and a decline in the self-existence of children in the category of adopted children, this is influenced by low self concept in children, which affects the development of personal and academic character. Children's character is the initial foundation of the education system. The aim of this research is to instill character in adopted children by building self-confidence and protection under Islamic law. Research method with a normative juridical approach, descriptive qualitative conceptual approach, library study design with data collection techniques analyzing e-journals and e-books. The research results describe that family counseling is an integral part of helping adopted children overcome problems in the personal and social spheres to obtain justice as biological children. The function of education in schools is one of the elements of success for children when children are able to develop their inner potential optimally. Based on the results of the analytical study, it is known that children can have positive personalities and develop according to developmental tasks, including achieving the child's development of religious knowledge and behavior. The protection rights of adopted children have the same level as biological children. This is believed to be an effort to uphold justice in parenting within the family.
Co-Authors Nakhma’ussolikhah Nakma Ussolikhah