JURNAL PUSAKA : Media Kajian dan Pemikiran Islam
Vol. 1 No. 2 (2014): Edisi 2

PERLINDUNGAN HAK WARIS ANAK ANGKAT PERSPEKTIF HUKUM ISLAM DI INDONESIA

Mochammad Taqrib (Institut Agama Islam (IAI) Al-Qolam Malang, Indonesia)



Article Info

Publish Date
18 Feb 2016

Abstract

In this age, Islam faces huge, complicated problems that demand creative responses especially through ijtihad and its methodologies. One pace has been progressively taken by the ulama (muslim scholars) and the umaro (government) in Indonesia, namely vesting inheritance right for adopted children by the mean of wasiyah wajibah which is regulated in article 209 of Islamic Law Compilation (KHI). Such right has never been regulated before in Classical Islamic law. According to classical Islamic law, adopted children have no inheritance right because they don’t have any cognation or marital relationship with the foster parents. Considering the contribution the adopted children may have to their foster parents, the ulama and the umara in Indonesia performed ijtihad and vested inheritance rights for adopted children in KHI.However, in the course of history, the article 209 could not bring justice into reality. Why? Because adopted child (or children) could only receive less inheritance than other heirs. This case may cause injustice when the adopted child has big contribution to the foster parents.Keywords: Adopted children, foster parents, KHI, justice

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Journal Info

Abbrev

jurnal_pusaka

Publisher

Subject

Religion Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

PUSAKA Journal is a peer reviewed biannually scientific journal aimed at publishing research results conducted by the researchers and academician of Islamic Studies areas in the form of articles. This journal is published since September 2013 by LP3M (Institute for Research, Development and ...