PELAKSANAAN HUKUM KEWARISAN ISLAM DI PENGADILAN AGAMA BANTEN

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 158
Author(s):  
Yusuf Somawinata
Keyword(s):  
Key Words ◽  
Islamic Law ◽  
Survey Methods ◽  
Adopted Children ◽  
Inheritance Law ◽  
Library Research ◽  
The Ideal

This article aims at describing the obseroance of wasiat wajibah (compulsory bequeathment) in the Islamic court of Banten, analyzing the provision of the substitute heir and adopted children in the Compilation of  Islamic Law (KHI). In addition, the ideal laws to manage the innheritance rules in Indonesia. This article is library research by using doctrinal approach and using case study and survey methods. The data was, then, analyzed by using analytical descriptive and analytical correlative methods. The result showed that the observance of wasiat wajibah in the Islamic court of  Banten employed by judges is by using the Mawali Hazairin’s Doctrine. The criteria of the adoption of substitute heir and adopted children in the KHI is the attempts of Ulama and many judgees junst in giving legal justice and certainty to the society.   Key Words: Islamic Inheritance Law, Compilation of Islamic Law, Islamic court of  Banten

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 Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus

Al-Ahkam ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

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.

scholarly journals Re-Examining the Structure of Firms and the Provision of Finance: The Case for Islamic Partnerships

2019 ◽  
Vol 15 (10) ◽  
pp. 64
Author(s):  
Shams Osama Haikal
Keyword(s):  
Islamic Law ◽  
Policy Implications ◽  
Entire System ◽  
Legal Personality ◽  
The Past ◽  
Library Research ◽  
Credit Creation ◽  
Debt Finance

In the past, Muslims and non-Muslims mainly depended on equity-based financing while debt was an exception, but this whole system was altered with the inception of banks followed by the corporations and the role of partnerships started to shrink. Accordingly, many issues emerged concerning the current financial system, for instance three different banking theories were developed that are based on different understanding of how banks and money function and each lead to different economic and policy implications. Frankly, the new entire system was borrowed from the English law and hence raised doubt about its compliance with Sharī&rsquo;ah. Accordingly, the study aims to re-examine the structure of corporations, especially the concept of legal personality, and the provision of debt finance under the principles of Islamic law and their effect on the economy as compared to partnerships. The study employed library research, content analysis as well as case study approaches and found that the only correct banking theory that is supported by an empirical evidence is the credit creation theory which states that banks can create money out of nothing. Moreover, after analyzing the concept of legal personality, the concept proved not to be accepted by the classical scholars although the majority of the contemporary scholars insist on its validity. Furthermore, the whole structure was found to contradict some of the main principles of Islamic law. Finally, partnerships were found to be more efficient than the debt-based system in terms of allocating the investable resources and the marginal efficiency of capital.

scholarly journals Analisis Perbandingan Mazhab tentang Pelaksanaan Mediasi dengan Media Telekonferensi

Mazahibuna ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 194
Author(s):  
Nurul Aulia Dewi ◽  
Abdul Halim Talli
Keyword(s):  
Multidisciplinary Approach ◽  
Islamic Law ◽  
Men And Women ◽  
Related Data ◽  
Library Research ◽  
Age Of Maturity ◽  
Library Studies ◽  
Age Limit ◽  
Written Sources ◽  
The Ideal

This article seeks to present a comparison of mediation with teleconference media, both within the PERMA and the scholars of the sect. Mediation is an attempt to resolve conflicts by engaging neutral mediators who do not have the authority to make decisions that help the parties in dispute to reach a resolution or solution accepted by both parties. The multidisciplinary approach used in this article is a juridical, sociological, theological-normative and managerial approach. This article is library research, a study by writing, clarifying, and making data obtained from various written sources. The method of data collection is to use document techniques (library studies). Quoting and analyzing data with document techniques is intended to collect related data contained in documents in the form of books, journals, and research results in the form of thesis, thesis, and dissertation. The results found that the most notable differences regarding the limits of mediation with teleconference media were found in the dissent of the Sect scholars. The Shafi and Hanbali sects argue that the ideal age in marriage is 15 years, while Abu Hanfah argues that the age of maturity comes at 19 years of age for women and 17 years for men, as is the case with Imam Malik arguing that the ideal age of manhood is 18 years for both men and women. The differences between the Imams of the Sect are influenced by the environment and culture in which they live. However, in Islamic law itself there is never a very firm limit, but the most basic thing about the age limit of marriage is that it is already in place

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

Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka

2020 ◽  
Vol 11 (1) ◽  
pp. 13-32
Author(s):  
Devi Nurmilasari ◽  
Yoyo Hambali
Keyword(s):  
Quantitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Rights ◽  
Adopted Children ◽  
Research Activity ◽  
Inheritance Law ◽  
Inheritance System

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,Majalengka Regency, which basically still adheres to the customs and traditions that they follow fromtheir ancestors. The inheritance system used in Margajaya customary inheritance uses the Parentalsystem, in which the father and mother are equally strong, in terms of distribution and application ofinheritance to the Margajaya customarycommunity. This type of research is Field Research, and themethod uses the Mix Methods method. Namely a research method by combining qualitative researchmethods with quantitative research in a research activity, so that more comprehensive, valid, reliableand objective data will be obtained. The data used in this study are primary data obtained frominterviews and documentation while secondary data is obtained from Liberal Research. The samplestaken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the populationthey were more inclined towards the customary tradition, namely Akur. In data collection techniques,researchers used interview data, observation and documentation. And for the Data Analysis Techniquein its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.The results of the study found that indigenous wans in Margajaya village are using parental customarylaw which is only focused on children and adopted children. The share of the heir’s parents only as agift for his parents, is not included in the wansan. The distribution of the wansan property was oftenpostponed by reason of using the children until they got married. The factor behind the occurrenceof this interview is the lack of knowledge of Islamic legal rights. The implementation of the law thatoccurs in Margajaya village, when viewed from Islamic law, is basically not in accordance withIslamic law. Things like this are considered normal and common in Margajaya society because it is atradition from generation to generation and their ancestors. The custom that is used by the communityin the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, eventhough the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namelyjustice, it is still not acceptable to Islam

Induced Lactation by Adoptive Mothers: A Case Study

2014 ◽  
Vol 68 (1) ◽  
Author(s):  
Zilal Saari ◽  
Farahwahida Mohd Yusof
Keyword(s):  
Breast Milk ◽  
Islamic Law ◽  
Structured Interview ◽  
Adopted Children ◽  
Adopted Child ◽  
Adoptive Mothers ◽  
Breast Pump ◽  
The Right ◽  
The Relationship

Induced lactation is a method of stimulating breast milk, carried out by non-pregnant women. It is an alternative for women who are unable to have children naturally but wish to experience motherhood by adopting. In Islamic laws, breastfeeding by a woman of another person’s child will turn their relationship into that of a mother and her own child. The permissibility in Islamic law of breastfeeding another person’s child has been taken as an alternative way for adoptive Muslim mothers to “mahram”ise (a male/female who is forbidden permanently, forever) (or familiarize) the relationship with that adopted child. The objective of this study is to explore the experience of adoptive mothers who have breastfed their adopted children through the method of induced lactation. This study focuses on the technical aspects, on how an adoptive mother stimulates the production of breast milk despite not having gone through the process of pregnancy. This study uses the qualitative study method. This study interviewed 12 respondents comprising of Muslim females who had successfully nursed their adopted children before the age of two and fulfilled the requirement to nurse the child until he is fully satisfied for five sessions. The semi structured interview technique was carried out over a 6 months period between the years 2012 to 2013. Data analysis discovered that two methods of induced lactation were performed, i.e., hormone simulation and breast stimulation. This study also found two devices used in the process of breast stimulation, which are Supplemental Feeding Device and Breast pump. In summary, the process of induced lactation to nurse an adopted child can be a success with the right method, technique and equipment.

scholarly journals Perbandingan Hukum Kewarisan Mawâni’ Irtsi dan Dzaw Al-Arham dalam Kompilasi Hukum Islam dan Undang-Undang Waris Mesir

TAJDID ◽  
2021 ◽  
Vol 28 (1) ◽  
pp. 141
Author(s):  
Hasan Bisri ◽  
Ayi Ishak Sholih Muchtar
Keyword(s):  
Qualitative Research ◽  
Islamic Law ◽  
Analysis Method ◽  
Inheritance Law ◽  
Men And Women ◽  
Library Research ◽  
Content Analysis Method ◽  
The Times ◽  
Local Traditions ◽  
Inheritance Laws

This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.

scholarly journals Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 763
Author(s):  
Noor Handayani ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Adopted Children ◽  
Literature Analysis ◽  
Legal Certainty ◽  
Adopted Child ◽  
Inheritance Law ◽  
Positive Law ◽  
The Will ◽  
Legal Consequences

The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.

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