scholarly journals WASIAT TERHADAP HARTA PENINGGALAN UNTUK ANAK ANGKAT DIPANDANG DARI HUKUM ISLAM

2018 ◽  
Vol 3 (2) ◽  
pp. 167
Author(s):  
Ade Kurniawan Akbar
Keyword(s):  
Distribution System ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Left Behind ◽  
The Way

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

scholarly journals PENGATURAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT HUKUM ISLAM

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ade Kurniawan Akbar
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Inheritance Law ◽  
Positive Law ◽  
Library Research ◽  
Mandatory Requirement

Abstract: The inheritance law is an approved law regarding the transfer of assets issued by a person who is delayed and the consequences for his heirs. In a will which is also called a mandatory will, a will is usually given to people who are not heirs. Mandatory obligation is a mandatory requirement for every Muslim to provide part of the inheritance to family members needed and for adopted children. The type of research used in this journal is a normative legal research method. Normative research or library research is legal research conducted by examining library material or mere secondary data. Normative legal research is to consider the relationship between the legal sciences and positive law. Mandatory wills are made as a basis by the Compilation of Islamic Law to provide part of the inheritance's inheritance for adopted children who may not be given a will by the testator, or adoptive parents who are not given a will by the heir (adopted child). The existence of mandatory provisions in the Compilation of Islamic Law is a bridge that determines the inequality that has occurred so far between adopted children and adoptive parents who have not inherited from each other, because there is indeed no provision to inherit each other between.Keywords: Mandatory Testament; Adopted Child; Islamic law;

scholarly journals PENGANGKATAN ANAK DALAM PERSPEKTIF HUKUM ISLAM

2020 ◽  
Vol 1 (2) ◽  
pp. 128-140
Author(s):  
Erha Saufan Hadana Hukum Islam
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Biological Child ◽  
Left Behind ◽  
The Right

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.

scholarly journals ANAK ANGKAT DALAM HUKUM KEWARISAN ISLAM DAN HUKUM PERDATA

2020 ◽  
Vol 2 (1) ◽  
pp. 101
Author(s):  
Nur Aisyah
Keyword(s):  
Family Member ◽  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Best Interest ◽  
Adopted Child ◽  
Applicable Law ◽  
Biological Children ◽  
The Status

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.

scholarly journals Konsep Waris Anak Angkat dalam Wasiat Wajibah Perspektif KHI dan Prof. Wahbah Zuhaili

2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Islamic Law ◽  
Positive Impact ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
The Public ◽  
The Will ◽  
Legal Consequences

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.

PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Yanuar Dwiyan Putra ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
Inheritance Law ◽  
Basic Law ◽  
The Will ◽  
Notary Public ◽  
Legal Consequences ◽  
Mandatory Provision

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

scholarly journals Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 531
Author(s):  
Agil Aladdin ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Comparative Approach ◽  
Adopted Children ◽  
Adopted Child ◽  
Biological Parents ◽  
Biological Children ◽  
Similarities And Differences ◽  
Article 5

This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does not become heir of adopted parents. In Gazette No. 129 Of 1917. In Article 5 through Article 15. The position adopted child found in Article 12 to equate a child with a legitimate child of the marriage of the lift. According to the Civil Law for the adopted child the same as for biological children. While in KHI adopted children get as much as 1/3 of the estate left by his adoptive parents (Article 209 KHI) exception has been assigned the consent of all the heirs.Keywords: Heritage; Adopted; Testament.

scholarly journals POSITION OF ADOPTED CHILDREN IN THE DISTRIBUTION OF HERITAGE PROPERTY IN INDONESIA

2018 ◽  
Vol 2 (2) ◽  
pp. 72
Author(s):  
Cucuk Kristiono
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child

Adoptions are included in the category of legal acts, the which resulted in the rightsand obligations of the parties. In the Burgelijk Weetboekand the compilation of Islamic law, are differences in theregulations about how the positions Adopted child to the adoptive parents. It is implicated in the process of inheritance. Adopted inheritance of the children in accordance with Islamic Law Compilationused was was borrowed, while the Burgelijk Wetboeek, inheritthe same Adopted children with legitimate children.

scholarly journals Pajak Penghasilan Atas Anak Angkat Yang Berpenghasilan

Owner ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 396-406
Author(s):  
Suparna Wijaya ◽  
Annisa Febriana Safira
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Adopted Children ◽  
Adopted Child ◽  
Earned Income ◽  
Biological Parents ◽  
Differences Of Opinion ◽  
Legal Consequences

Adoption have legal consequences for both adopted children, adoptive parents, and biological parents. The legal consequences can be seen in terms of civil law, customary law, islamic law, and also taxes. In civil law, customary law, and also islamic law, the legal consequences of adopting a child are related to the inheritance rights of an adopted child. Meanwhile, in tax the legal consequences of adopting children are related to Non-Taxable Income (PTKP) and the income of adopted children. Provisions related to inheritance rights for adopted children are very clear in the three laws, but the provisions regarding PTKP and the income of adopted children in taxes are not so clear. Based on the results of the study, it was found that there were still differences of opinion regarding PTKP and the income of adopted children. Differences related to PTKP arise when the adopted child has earned income, where the majority of interviewees argue that the adopted child can still be counted as PTKP of his adoptive parents and for the imposition of taxes on the income of the adopted child it is also combined with the adoptive parents. However, there is a opinion that when the adopted child has earned income, it will be counted as PTKP of the biological parents and for the imposition of taxes on the income of the adopted child it will also be combined with his biological parents.

scholarly journals STUDI HUKUM ISLAM TENTANG PENGANGKATAN ANAK (ADOPSI) DI UNIT PELAKSANA TEKNIS PERLINDUNGAN DAN PELAYANAN SOSIAL ASUHAN BALITA KOTA SIDOARJO

2020 ◽  
Vol 3 (2) ◽  
pp. 61-87
Author(s):  
Laily Mas'udah
Keyword(s):  
Child Care ◽  
Social Services ◽  
Social Service ◽  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adoptive Parent ◽  
Adopted Children ◽  
Adopted Child ◽  
Feasibility Test

Implementation of Adoption in the Technical Implementation Unit for the Protection and Social Service of Sidoarjo City Toddler Child Care goes through 9 stages: prospective adoptive parents make an application letter for adoption of a child and written who the prospective adopted child is, filing the adoption administration filing stage, the adoption eligibility test stage with the holding of home visit I, submission of prospective adopted children to Prospective Adoptive Parents, the second step of the feasibility test of adoptive parents, the Recommendation Phase of the Social Service, the consideration phase by KEMENSOS in the PIPA Team session, certificate of granting permission for adoption of the child, finally the court's decision to determine the Court. The rights of children in the Technical Implementation Unit for the Protection and Social Services of Sidoarjo City Toddler Child Care have fulfilled the provisions contained in articles 4 through article 18 of Law Number 23 Year 2002 concerning Child Protection. In Islamic law, adoption of a child may not break the text between the child and his biological parents because it will have legal consequences for the child in terms of inheritance and marriage. In inheritance, adopted children are not included in the category of factors that cause someone to inherit each other, so that the adopted child has no right to inherit from his adopted father. If the adoptive parent wishes to give property to the adopted child it can be distributed by means of a grant while he is still alive or by will.

scholarly journals Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 42-46
Author(s):  
I Gede Eka Julia Artanida Wijaya
Keyword(s):  
Family Relationships ◽  
Local Community ◽  
Adoptive Parents ◽  
The Other ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Employment Relationships ◽  
Biological Parents ◽  
To Receive

The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.

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