Journal of Law and Nation
Vol. 3 No. 1 (2024): FEBRUARI

ANAK ANGKAT DAN PENGATURAN WASIAT WAJIBAH: PANDANGAN KOMPILASI HUKUM ISLAM

Asep Mahbub Junaedi (Hukum Keluarga Islam, Institut Agama Islam Negeri (IAIN) Syekh Nurjati Cirebon, Indonesia)
Adang Djumhur Salikin (Fakultas Syariah, Institut Agama Islam Negeri (IAIN) Syekh Nurjati Cirebon, Indonesia)



Article Info

Publish Date
08 Jan 2024

Abstract

Adoption constitutes a form of familial bond without severing biological ties with the birth parents. Under the Compilation of Islamic Law (KHI), adopted children are entitled to receive up to one-third of the estate as mandatory bequest from their adoptive parents. This research evaluates the regulations concerning mandatory bequest for adopted children within the KHI framework using a normative juridical method, focusing on legislative aspects. The findings indicate that although providing legal certainty, these regulations have not entirely addressed the interests of adopted children, particularly regarding the allocation of shares. Research recommendations include enhancing legal clarity within the KHI concerning the allocation of shares to adopted children and emphasizing the importance of public awareness and governmental dissemination regarding the regulations of mandatory bequest for adopted children within the KHI, aiming to broaden the general understanding of this matter.

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...