Journal of Modern Islamic Studies and Civilization
Том 3 № 03 (2025): Journal of Modern Islamic Studies and Civilization

Application of John Stuart Mill's Formal Equality Theory to Distribution of Inheritance for Adopted Children: A Comparative Study of Burgerlijk Wetboek and Compilation of Islamic Law

Sujono, Imam (Unknown)



Article Info

Publish Date
06 Nov 2025

Abstract

This article examines the application of John Stuart Mill's formal equality theory to inheritance rights of adopted children within Indonesian legal frameworks, specifically the Burgerlijk Wetboek (BW) and Compilation of Islamic Law (KHI). Using a normative juridical approach with secondary data sources including statutory provisions, judicial decisions, and philosophical texts, this research addresses whether differential treatment of adopted versus biological children comports with Mill's formal equality principle. Findings reveal significant normative tensions: both legal regimes restrict adopted children's inheritance rights based primarily on biological lineage, which Mill's theory would deem insufficient justification for unequal treatment. Under the BW, adopted children possess limited rights unless formally adopted through prescribed mechanisms, while the KHI denies adopted children rights under the faraidh system, permitting only wasiat wajibah up to one-third of estates. Judicial interpretation shows modest accommodation through mandatory bequest provisions, yet falls short of full equality. This research concludes that current Indonesian inheritance frameworks contain structural inequalities conflicting with Mill's formal equality principles, necessitating legal reform to eliminate discriminatory provisions based solely on biological status. The article contributes to discourse on harmonizing civil law, Islamic law, and liberal egalitarian principles within pluralistic legal systems.

Copyrights © 2025






Journal Info

Abbrev

jmisc

Publisher

Subject

Religion Humanities Library & Information Science Social Sciences Other

Description

Journal of Modern Islamic Studies and Civilization (JMISC) is a peer-reviewed and open access journal published by Riset Press International. It kindly invites original articles on a broad range of issues within Islamic studies and civilization. JMISC intends to publish a high-standard of ...