Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 2 (2025): Pena Justisia

The Validity Of Notary's Testamentary Grant Deed To Adopted Children In The Perspective Of Islamic Inheritance Law

Dedi (Faculty of Sharia,Institut Agama Islam Tasikmalaya)
Abu Syhabudin (Faculty of Islamic Religion, Universitas Majalengka)
Siti Ropiah (Faculty of Sharia,STAI Haji Agus Salim Cikarang)
Syafi'i (Faculty of Sharia ,STAI Haji Agus Salim Cikarang)
A. Nururrochman Hidayatulloh (Badan Riset dan Inovasi Nasional)



Article Info

Publish Date
30 Dec 2025

Abstract

In Indonesian legal practice, the granting of assets to adopted children through testamentary grants often causes debate due to differences in views between Islamic law and civil law. Adopted children are not considered as heirs in the perspective of sharia, but positive law allows such granting through a testamentary grant deed made by a notary. This study is conducted with a normative legal research method using statutory and conceptual approaches. The aim is to understand the extent to which a deed of testamentary grant to an adopted child can be considered valid under national law as well as in accordance with sharia principles. The results of the analysis show that the testamentary grant deed made by a notary is formally valid according to the Civil Code and the Notary Office Law because it fulfills the elements of an authentic deed and has perfect evidentiary power. However, in the Islamic inheritance law system formulated in the Compilation of Islamic Law (KHI), gifts to adopted children are limited through the mechanism of compulsory testament, which is a maximum of only one third of the inheritance and must not harm the absolute rights of legal heirs. If the gift exceeds this limit or is made without the consent of the heirs, the religious court has the authority to cancel the deed. This disharmony creates a conflict of norms that results in legal uncertainty. Therefore, normative integration is needed to ensure that the testamentary grant deed is legally, socially and shar'i acceptable.

Copyrights © 2025






Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...