MAKING A MANDATORY WILL FOR AN ADOPTED CHILD BEFORE A NOTARY PUBLIC ACCORDING TO ISLAMIC LEGAL PROVISIONS

A will is one way of transferring property from one person to another. This will system has been running since ancient times, not only Islam regulates it, but every community has an understanding of wills. The requirements that must be met in making a wajibah will in order to be valid as an authentic deed are made before a notary. Adopted children can obtain assets from their adoptive parents based on a will which cannot exceed 1/3 (one third) of the assets of their deceased adoptive parents, if the adoptive parents do not leave a will then it can be given based on a wajibah will, and the giver of the wajibah will must not harm the rights of the heirs. If the adopted child receives a mandatory will that exceeds 1/3 of the portion, then the mandatory will is not null and void by law but must be canceled by a court decision.