Penetapan Hak Kewarisan Anak Angkat Dalam Perspektif Hukum Keperdataan Islam (Studi Kasus Di Pengadilan Agama Pekanbaru)

Lubis, Widia Agustina (2022) Penetapan Hak Kewarisan Anak Angkat Dalam Perspektif Hukum Keperdataan Islam (Studi Kasus Di Pengadilan Agama Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

The family has an essential role in human life. The family consists of a father, a mother, and children.However, not all parents are blessed with children. Then there is an alternative way for parents to adopt a child. Adoption of a child is an act of taking a child ofother people into his own family, which will lead to a legal relationship, namely the adopted child willhave the same position as a legitimate child or biological child. The adoption of a child must go througha court ruling. The process of adopting an adopted child for a Muslim is carried out in the Religious Courts.Islamic law allows adopting children only to the extent of child care. Adopted children cannotbe used as the basis and cause of inheriting the inheritance of his adoptive parents. Because the principle of inheritance law inIslam is blood relations or kinship and marriage. The main problems in this thesisare 1) What is the position of adopted children as heirs in the perspective of Islamic civil law. 2) How is the implementation of inheritance distribution for adopted children at the Pekanbaru Religious Court3) How does the determination of Inheritance Rights to Adopted Children at the Pekanbaru Religious Court (Decision No. 1266/Pdt.G/2018/P.A.Pbr). The purpose of this research is to find out how the position, implementation of inheritance, and the determination of the inheritance rights of adopted children at the Pekanbaru Religious Court. The author used the normative method (library law research method) and the sociological method (data collection method by studying facts in the field). The author conducted this research in Pekanbaru Religious Court by interviewing the judge directly and obtaining the data from the Pekanbaru religious court, which is related to the title of this thesis. The results of the thesis research the authors get are that the position of adopted children in Islam and the Compilation Islamic law (KHI) is fixed. The relationship between adopted children and biological parents will not be disconnected. Adopted children cannot inherit the inheritance of their adoptive parents. But Legal Compilation Islam gives inheritance rights to adopted children through mandatory wills. Article 209 paragraph 2 Compilation of Islamic Law (KHI) states that the mandatory testament given to adopted children is 1/3 (one third) of the inheritance of his adoptive parents. The judge determines the share of adopted children in the decision is 1/8 (one-eighth) or 3/24 part of the inheritance of the testator as a mandatory will.

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