Implementation of a Mandatory Will for Children Who Do Not Have Legality From Religious Court

The inheritance distribution for adopted children without official legal recognition from the Religious Court often leads to disputes, particularly among legitimate heirs. This study aims to analyze and understand the implementation of inheritance processes for adopted children who have not obtained formal legal status. Referring to the Compilation of Islamic Law, this research employs a normative qualitative method with a case study approach to explore the application of the testamentary obligatory mechanism. The findings reveal that the testament obligatory mechanism can be used to allocate inheritance to adopted children who lack nasabiyah (bloodline) or sababiyah (marital ties) relationships. This obligatory bequest serves as a fair legal solution to accommodate the interests of adopted children while adhering to Islamic legal principles and minimizing potential disputes among legitimate heirs.

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Publication Details

Journal
Journal of Islamic Studies and Civilization
Published
2024-12-31
DOI
https://doi.org/10.61680/jisc.v2i2.36
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

Implementation of a Mandatory Will for Children Who Do Not Have Legality From Religious Court

Farida Nurun Nazah, Jakaria Puntodewo
Journal of Islamic Studies and Civilization
Marriage and Family Dynamics
article

Implementation of a Mandatory Will for Children Who Do Not Have Legality From Religious Court

Farida Nurun Nazah, Jakaria Puntodewo
article en

Abstract

The inheritance distribution for adopted children without official legal recognition from the Religious Court often leads to disputes, particularly among legitimate heirs. This study aims to analyze and understand the implementation of inheritance processes for adopted children who have not obtained formal legal status. Referring to the Compilation of Islamic Law, this research employs a normative qualitative method with a case study approach to explore the application of the testamentary obligatory mechanism. The findings reveal that the testament obligatory mechanism can be used to allocate inheritance to adopted children who lack nasabiyah (bloodline) or sababiyah (marital ties) relationships. This obligatory bequest serves as a fair legal solution to accommodate the interests of adopted children while adhering to Islamic legal principles and minimizing potential disputes among legitimate heirs.

Journal of Islamic Studies and CivilizationVol. 2(2)
Universitas Esa Unggul (ID)
Openalex Percentile: Top 51%
Marriage and Family Dynamics
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