Sultan Agung Notary Law Review
Vol 3, No 3 (2021): September 2021

Position of Adopted Children in Leaving Appointment Parent's Assets According To Islamic Law, Civil Law & Custom Law

Muhammad Farid (Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang)
Ahmad Khisni (Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang)
Munsharif Abdul Chalim (Faculty of Law, Universitas Islam Sultan Agung (UNISSULA) Semarang)



Article Info

Publish Date
18 Aug 2021

Abstract

In Islam, adoption is known as tabann, Wahbah al-Zuhaily gives the understanding that adoption (tabann) is the taking of a child by someone to a child whose lineage is clear and then the child is assigned to him. One of the supporting factors for the realization of a household in accordance with this Islamic concept is property which is Zinatu al-Hayat, both movable and immovable property, even including securities and intellectual rights Inheritance rights that apply to adopted children to property adoptive parents in Islamic law, civil law, and customary law. Method This approach uses a secondary approach that is normative law or literature writing with a statutory approach. Indonesia adheres to a plural legal system, which means that Indonesia adheres to more than one legal system. This also makes inheritance law divided into three legal systems, namely Western Law, Islamic Law, and Customary Law. In general, the notion of inheritance law is a legal rule that regulates the transfer of property rights, which is the overall rights and obligations of the person who inherits to his heirs and determines who is entitled to receive it. Indonesia adheres to several systems of inheritance law including the civil law system, Islamic law and customary law. In civil law, adopted children still get inheritance rights from their adoptive parents. Then in customary law, the inheritance system used is dependent on the custom where the adopted child lives.

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Journal Info

Abbrev

SANLaR

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Sultan Agung Notary Law Review (SANLaR) is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. SANLaR previously published in twice (2) a year, however, due to the increasing demand for writers and the increasing number of submitted manuscripts, the ...