Position of Adopted Children as Heir Based on the Compilation of Islamic Law (Case Study Number 2142/Pdt.G/2017/PA.PLG)

DOI

10.2991/assehr.k.220404.158How to use a DOI?

Keywords

Adopted Children; Inheritance Rights; Compilation of Islamic Law; wasiat wajibah

Abstract

Article 171 letter h of the Compilation of Islamic Law states that an adopted child is a child who in terms of maintenance for his daily life, education costs and etc, all of the responsibilities shift from their original parents to their adoptive parents based on a court decision. In fact, Islam strongly supports the existence of child protection efforts, one of which is by adopting children. The Compilation of Islamic Law emphasizes that adopted children or adoptive parents have no inherited relationship, but as an acknowledgment of the institution of adoption, the relationship between the adopted child and their adoptive parents is conveyed through the intermediary of a will or testament obligatory. The compilation of Islamic law is a guideline for religious courts in which an adopted child is entitled to a mandatory will on the condition that it cannot be more than 1/3 (one third) of the inheritance of the adoptive parents. The consideration of the judge who gave more than 1/3 of the assets based on the case Number 2142/Pdt.G/2017/PA.PLG is probably because since the baby the child was raised by their adoptive parents and they intended to split 2 land certificates and intends to give one of them to their adopted child during their life, but until they died it was not carried out and inheritance distribution does not reduce the share of the other heirs and there is even a remaining inheritance.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

TY  - CONF
AU  - Maharesi Trifo Putra
AU  - Hanafi Tanawijaya
PY  - 2022
DA  - 2022/04/21
TI  - Position of Adopted Children as Heir Based on the Compilation of Islamic Law (Case Study Number 2142/Pdt.G/2017/PA.PLG)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 1004
EP  - 1010
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.158
DO  - 10.2991/assehr.k.220404.158
ID  - Putra2022
ER  -