Edulaw : Journal of Islamic Law and Yurisprudance
Vol. 8 No. 1 (2026): Edulaw : Journal of Islamic Law and Yurisprudance

Implikasi Yuridis Adopsi Anak Terhadap Hak Waris Dan Perikatan Dalam Hukum Islam Dan Hukum Positif: Implikasi Yuridis Adopsi Anak Terhadap Hak Waris Dan Perikatan Dalam Hukum Islam Dan Hukum Positif

Dindin Syarief Nurwahyudin (Universitas negeri gorontalo)
Nakhma’ussolikhah (Universitas Islam Bunga Bangsa Cirebon2)



Article Info

Publish Date
30 Jun 2026

Abstract

This study aims to analyze the legal implications of child adoption on inheritance rights and contractual relationships from the perspective of Islamic law and Indonesian positive law. The research employs a normative juridical approach with a descriptive-comparative analysis through the examination of statutory regulations, the Compilation of Islamic Law (KHI), as well as relevant literature and court decisions. The results indicate that under Islamic law, adoption (tabannī) does not create a legal lineage or inheritance rights between the adopted child and the adoptive parents. The adopted child is only entitled to a share of the estate through a hibah (grant) or wasiat wajibah (obligatory will) as stipulated in Article 209 of the KHI. Conversely, under Indonesian positive law, adoption is recognized as a legitimate legal act based on a court decision that establishes full civil relations, including reciprocal rights and obligations between the adopted child and the adoptive parents. Although there are fundamental differences in their legal foundations and consequences, both systems share the same objective—ensuring the protection and welfare of the child. This study emphasizes the importance of harmonizing Islamic law and positive law to ensure that adoption practices in Indonesia provide legal certainty while upholding justice and moral-religious values. Keywords: child adoption, inheritance rights, contractual relationship, Islamic law, Indonesian positive

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Journal Info

Abbrev

edulaw

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Edu Law: Journal of Islamic Law and Yurisprudance. Islamic Criminal Law Journal published by the Islamic Criminal Law Study Program, Faculty of Sharia and Law. This journal contains studies related to law, thought, jurisprudence, case analysis, reform of Islamic Criminal Law both in Indonesia and ...