WHO PROTECTS ADOPTED CHILDREN? CHALLENGING INDONESIAN INHERITANCE LAW THROUGH MASLAHAH MURSALAH

This study aims to analyze the legal status of adopted children from the perspective of Islamic law and positive law, as well as to examine the relevance of the maslahah mursalah concept in protecting the inheritance rights of adopted children. The main issue arises from the fundamental difference between Islamic law, which does not directly grant inheritance rights to adopted children, and positive law, which provides protection through the mechanism of wasiat wajibah (mandatory bequest). This research employs a library-based qualitative approach with a normative juridical framework, referring to primary sources such as the Qur’an, Hadith, and classical fiqh literature, as well as secondary sources including statutory regulations, court decisions, and relevant academic studies. The findings reveal that under Islamic law, adopted children are not categorized as legal heirs as stipulated in the nash (scriptural texts), yet they may receive a portion of the estate through a bequest or grant as a form of legal protection. The concept of maslahah mursalah serves as an essential foundation to justify policies that safeguard the welfare of adopted children, provided they do not contradict the Qur’an and the principles of sharia. In Indonesia’s positive legal system, particularly under Article 209 of the Compilation of Islamic Law (KHI), the wasiat wajibah mechanism functions as a tool to ensure the continued welfare of adopted children. The analysis demonstrates that the maslahah mursalah approach holds strong relevance in harmonizing Islamic legal principles with the needs of modern law oriented toward public interest and justice. This study recommends the synchronization of inheritance policies between Islamic and positive law by strengthening the instruments of wasiat wajibah and hibah (grant), thereby ensuring justice and optimal legal protection for adopted children.