Download kedudukan hukum dan pembagian waris bagi anak angkat menurut

KEDUDUKAN HUKUM DAN PEMBAGIAN WARIS
BAGI ANAK ANGKAT MENURUT HUKUM ISLAM
DjamhariHamza
&
Fredy Ferdian lsnantanto
Fakultas Hukum UPN "Veteran- Jakarba
JI.RS. Fatmawati Pondok Labu, JakarA Selatan-12450 Telp. 021-7656971
Abstract
The staus
of adopted children in Indonesia with regard to their right of
inheritance is still an unresolved problem due to the difering of legal relation between
them and their adopting parent. According to some Customary Law, adopted children
are granted the same inheritance right as the biological children so they hate the right
to inheritfromtheir deceased adoptingparenL In some other Customary Law, adopted
children ore given no right {o inherit from their adopting parent, that is a similar
practice to Islamic Law which is recognized and implemented by most Muslim in
Indonesia.
The introduction of the Compilation of Islamic Law hAs be"n a significant
breakthrough which regulates the recognition ofthe right of inheritance of adopted
children utilizing the scheme of "Wasiat Wajibah". According to the Wasiat Wajibah
,t
scheme, adopted children are entitled
to inherit no more than I/3 (one third) of the
total inheritance. The settlement of disputes regarding the matter becomes the
jurisdiction of the Islomic Court.
Key Words : adopted children, Islamic lqw, inheritance
t
i
"
i
KEDUDUKAN HUKUM DAN PEMBAGIAN WARIS
BAGI ANAK ANGKAT MENURUT HUKUM ISLAM
Djamhari Hamza
&
Fredy Ferdian lsnantanto
Fakultas Hukum IIPN "Veteran" Jakarta
JI.RS. Fahawati Pondok Labu, Jakartra Selatan-12450 Telp. 02l-7656971
Abstract
of adopted children in Indonesia with regard to their right of
is still an unresolved problem due to the dffiring of legal relation between
The status
inheritance
them and their adopting pqrenL According to some Customnry Law, adopted children
are granted the same inheritance right as the biological children so they have the right
to inheritfrom their deceased adoptingparenl In some other Customary Law, adopted
children are given no right
P
inherit from their adopting parent that is a sirnilar
practice to Islamic Law which is recognized and implemented by most Muslim in
Indonesia.
The introduction of the Compilation of Islamic Law has been a significant
breakthrough which regulates the recognition ofthe right of inheritance of odopted
children utilizing
of "lVasiat Wajibah". According to the Wasiat Wajibah
the
"scfueme
scheme, adopted childrea ore ennflefr
to inherit no more than I/3 (one third) of the
total inheritance. The settlement of disputes regarding the matter becomes the
jurisdictian of the Islamic Court.
Key Words : odopted children, Islamic law, inheritance
I
i
t