scholarly journals WASIAT WAJIBAH DAN IMPLEMENTASINYA TERHADAP HUKUM KELUARGA DI INDONESIA

2020 ◽  
Vol 1 (2) ◽  
pp. 76-94
Author(s):  
Syahrul Mubarak

Wasiat wajibah is a study in family law in Indonesia that provides opportunities for the adopted children and adoptive parents to inherit. This is stated in Kompilasi Hukum Islam (KHI) in Article 209. Although Indonesia has only recently carried out a family law reforms regarding Wasiat Wajibah compared to other Muslim countries, reform of family law in Indonesia cannot be separated from the meaning and nuances of Islamic law. This article reviews the concept of Wasiat Wajibah in Indonesia, then it is implemented with issues that occur around the community to obtain the relevance in accordance with the changing times.

2021 ◽  
Vol 58 (1) ◽  
pp. 5201-5212
Author(s):  
Nurrohman Syarif

Family law is the most powerful law practiced in Islamic history, but this does not mean that it avoids the demands of changing times. Today, there are no less than thirteen problems related to family law that have arisen in the Muslim world. This problem arises not only because of demands for changing times, but also because of efforts to unify, codify and legislate Islamic law in a number of Muslim countries. This problem requires not only solutions but also reforms. This study aims to examine the model of understanding, practicing, reforming and transforming Islamic law in Indonesia and its impact on the position of standard classical fiqh books and the independence of judges in the Religious Courts. This research is a non-doctrinal normative qualitative research type. This study found a variety of models in the exploration, practice and reform of family law in Indonesia. The impact of the reform and transformation of family law in Indonesia is that classical fiqh books are no longer used as the main reference and the Religious Court System is closer to the civil law system. However, the reform and transformation of family law in Indonesia did not reduce the independence of religious judges in exploring and discovering more contextual Islamic law.


2018 ◽  
Vol 11 (1) ◽  
pp. 49-60
Author(s):  
Miftahul Huda

The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.


Author(s):  
Erha Saufan Hadana Hukum Islam

This research was written with the background to find out how Islamic law responds to the issue of adoption, the rights obtained by adopted children and their position in inheritance. This research is a normative juridical research based on library data. The results of the study found that adoption in the perspective of Islamic law does not recognize adoption which makes it an absolute biological child, but the fulfillment of their rights such as clothing, food and education must still be fulfilled by adoptive parents. Regarding the position in inheritance, the child does not have the right to the inheritance of the adoptive parents, but may get a will not more than one third (1/3) of the assets left behind.


2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.


2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>


2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            


Author(s):  
Nur Aisyah

AbstractThe issue of adoption has been determined in Islamic law and civil law. Where both legal instruments state that the adoption of a child is something that is allowed as long as it is in the best interest of the adopted child. However, problems arise regarding adoption of children associated with inheritance issues. In Islamic law and civil law have different provisions. In Islamic law the status of adopted children can’t be equated with biological children so that they can’t receive inheritance from their adopted parents. However, the adopted child is entitled to get a will from his adoptive parents provided that no more than one-third of the assets of the adoptive parents. Whereas according to the law code of civil law states that the adopted child as a family member can get the inheritance from the adoptive parents based on the provisions of the applicable law (ab instestato) or with a will (testament).Keywords: Adopted Children, Civil Law, Inheritance, Islamic Law, Mandatory Wills.AbstrakPersoalan pengangkatan anak telah ditentukan dalam hukum Islam dan hukum perdata. Dimana kedua perangkat hukum tersebut menyatakan bahwa pengangkatan anak adalah sesuatu yang diperbolehkan selama demi kepentingan terbaik bagi anak angkat. Akan tetapi muncul persoalan terhadap pengangkatan anak yang dikaitkan dengan persoalan waris. Dalam hukum Islam dan hukum perdata mempunyai ketentuan yang berbeda. Dalam hukum Islam status anak angkat itu tidak dapat disamakan dengan anak kandung sehingga tidak dapat menerima harta warisan dari orang tua angkatnya. Meskipun demikian, anak angkat tersebut berhak mendapatkan wasiat dari orang tua angkatnya dengan ketentuan tidak boleh lebih dari sepertiga harta kekayaan orang tua angkat. Sedangkan menurut kitab undang-undang hukum perdata menyatakan bahwa anak angkat sebagai anggota keluarga dapat memperoleh harta warisan dari orang tua angkatnya berdasarkan ketentuan undang-undang yang berlaku (ab instestato) ataupun dengan adanya surat wasiat (testament).Kata Kunci : Anak Angkat, Hukum Islam, Hukum Perdata, Warisan, Wasiat Wajibah.


2018 ◽  
Vol 3 (2) ◽  
pp. 167
Author(s):  
Ade Kurniawan Akbar

Abstract: Islamic jurists suggest that a will is ownership based on a person who declares a will died in the way of goodness without demanding compensation or tabarru '. In Islamic law, adopted children are not heirs, so if the adoptive parents die, the adopted child does not get a heritage. However, of course this is not fair for adopted children who are like their own children by their adoptive parents. For this reason, a will for the adopted child is needed to obtain the inheritance of the adoptive parents. The purpose of this study, namely: 1). To study and explain the provisions of Islamic law regarding testaments to inheritance. 2). To study and explain the provisions of Islamic law regarding testaments to inheritance for adopted children. This type of research belongs to the category of normative legal research. Conclusion, Many inheritance that can be inherited for adopted children is as much as 1/3 of all assets left behind, where the assets are in the distribution system that before the distribution of inheritance to the heirs is carried out, the obligatory will must be fulfilled first. In the division of obligatory wills, which have been determined according to Islamic law, what must be considered is that the part of the adopted child is a third part and must not exceed the minimum portion received by the heirs.Keywords: testament, adoption, inheritance


2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.


Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Yanuar Dwiyan Putra ◽  
Sri Endah Wahyuningsih

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public


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