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Ade Kurniawan Akbar

Unknown Affiliation

Author-ID : 3370972

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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PENGATURAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT HUKUM ISLAM Ade Kurniawan Akbar
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 4, No 1 (2019): Vol 4, No 1 Tahun 2019: Januari
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstract: The inheritance law is an approved law regarding the transfer of assets issued by a person who is delayed and the consequences for his heirs. In a will which is also called a mandatory will, a will is usually given to people who are not heirs. Mandatory obligation is a mandatory requirement for every Muslim to provide part of the inheritance to family members needed and for adopted children. The type of research used in this journal is a normative legal research method. Normative research or library research is legal research conducted by examining library material or mere secondary data. Normative legal research is to consider the relationship between the legal sciences and positive law. Mandatory wills are made as a basis by the Compilation of Islamic Law to provide part of the inheritance's inheritance for adopted children who may not be given a will by the testator, or adoptive parents who are not given a will by the heir (adopted child). The existence of mandatory provisions in the Compilation of Islamic Law is a bridge that determines the inequality that has occurred so far between adopted children and adoptive parents who have not inherited from each other, because there is indeed no provision to inherit each other between.Keywords: Mandatory Testament; Adopted Child; Islamic law;

WASIAT TERHADAP HARTA PENINGGALAN UNTUK ANAK ANGKAT DIPANDANG DARI HUKUM ISLAM Ade Kurniawan Akbar
AL IMARAH : JURNAL PEMERINTAHAN DAN POLITIK ISLAM Vol 3, No 2 (2018): Vol 3, No 2 Tahun 2018: Juli
Publisher : Fakultas Syari'ah Universitas Islam Negeri Fatmawati Sukarno Bengkulu

Abstract: Islamic jurists suggest that a will is ownership based on a person who declares a will died in the way of goodness without demanding compensation or tabarru '. In Islamic law, adopted children are not heirs, so if the adoptive parents die, the adopted child does not get a heritage. However, of course this is not fair for adopted children who are like their own children by their adoptive parents. For this reason, a will for the adopted child is needed to obtain the inheritance of the adoptive parents. The purpose of this study, namely: 1). To study and explain the provisions of Islamic law regarding testaments to inheritance. 2). To study and explain the provisions of Islamic law regarding testaments to inheritance for adopted children. This type of research belongs to the category of normative legal research. Conclusion, Many inheritance that can be inherited for adopted children is as much as 1/3 of all assets left behind, where the assets are in the distribution system that before the distribution of inheritance to the heirs is carried out, the obligatory will must be fulfilled first. In the division of obligatory wills, which have been determined according to Islamic law, what must be considered is that the part of the adopted child is a third part and must not exceed the minimum portion received by the heirs.Keywords: testament, adoption, inheritance

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