Tinjauan Yuridis Mengenai Pembagian Hak Waris Anak Angkat dikaitkan oleh Hukum Islam Dan Hukum Perdata

Abstract

The status and inheritance rights of adopted children from the perspective of Islamic Law and Civil Law. The background of this research is based on the social reality that many couples without biological children choose to adopt children. However, the legal status of adopted children as heirs remains a matter of debate, particularly in the context of Indonesian inheritance law, which adheres to a dualistic legal system: Islamic and Western civil law. The research method used is library research with a normative and comparative juridical approach, which compares the provisions of Islamic inheritance law and civil law regarding the status and inheritance rights of adopted children. The results show that under Islamic law, adopted children do not have inheritance rights, except through a mandatory will, of up to 1/3 of the adoptive parents' inheritance. Conversely, according to Civil Law (Staatsblad 1917 No. 129), adopted children are considered to have the same status as biological children, including in terms of inheritance rights. Therefore, there are fundamental differences between the two legal systems in positioning adopted children as heirs.