Adopted Children in Distribution of Inheritance according to Islamic Law in Indonesia

Kosim Rusdi, (2022) Adopted Children in Distribution of Inheritance according to Islamic Law in Indonesia. International Journal of Multicultural and Multireligious Understanding (IJMMU), 9 (4). pp. 155-161. ISSN 2364-5369

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Abstract

The problem of inheritance distribution is a sensitive matter and can trigger quarrels between family members. The urgency for this research is to provide an understanding of inheritance law and prevent divisions in the family, even though Islam advocates unity and unity. Therefore, this study aims to determine the distribution of inheritance to adopted children based on Islamic law. The method used is qualitative through a library study approach. Data sources are secondary data, namely books, journals, and other scientific writings related to inheritance according to Islamic law. The analysis used is inductive content analysis. This analysis identifies Islamic law themes and adopted child areas in the literature. According to Islamic law, the result showed that an adopted child does not have the right to inherit from his adoptive parents. Wasiat wajibah was used as the basis by the Compilation of Islamic Law (KHI) in Indonesia to give a share of the heirs' inheritance to adopted children. Wasiat wajibah in the KHI is a bridge to cover the gaps regarding the rights of adopted children and adoptive parents to inheritance. The adopted child has the right to obtain a wasiat wajibah on the condition that it cannot be more than 1/3 of the total inheritance.

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Item Type: Article
Uncontrolled Keywords: Islamic Law; Inheritance; Adopted Children
Divisions: Fakultas Pascasarjana > Program Magister > Ekonomi Syariah
Depositing User: H. Tohirin S.Ag
Date Deposited: 06 Jun 2022 01:13
Last Modified: 06 Jun 2022 01:13
URI: http://repository.syekhnurjati.ac.id/id/eprint/6780

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