THE LEGAL POSITION OF ADOPTED CHILDREN REGARDING INHERITANCE RIGHTS

LEGAL POSITION OF ADOPTED CHILDREN REGARDING INHERITANCE RIGHTS

Abstract

Adoption is a legal act that transfers a child from the sphere of authority of parents, legal guardians, or other persons responsible for the care, education and raising of the child, into the family environment of the adoptive parents. Inheritance is an integral part of family law which plays an important role in a social system. Research Objectives: To determine the process of the mechanism of adoption. To determine the rights of adopted children to inheritance with adoptive parents and to determine inheritance rights in Islamic law. Research method, The research used is legal research or Normative Juridical (Legal Research), research conducted to find the truth of coherence, namely examining the application of legal rules, legal norms and applicable legal principles which are then connected to problems that become legal issues. Conducting legal research has various approaches that can be chosen. For this thesis, the approach chosen by the author is the Case Approach carried out by conducting a review of cases related to the legal issues faced. Primary data sources are taken from court decisions, Secondary Data refers to literature and other documents. In Discussion: 1. Adoption is permitted by prioritizing the welfare of the child and the adoption of the child without changing the status of the lineage and religion, carried out out of a sense of social responsibility to care for, nurture and educate with love like one's own child. Adoption can only be done for the best interests of the child and is done based on local customs and applicable statutory provisions. 2. The status or position of an adopted child is said to be equal to a biological child, so the adopted child has the right to inherit from his adoptive parents so that the adopted child is included in the class of legitimate children in the Civil Code. Adopted children do not create a lineage/inheritance relationship with the parents of the adopted child, so that adoptive parents who do not receive a will are given a mandatory will of up to 1/3 of the inheritance of their adopted child, likewise adopted children who do not receive a will are given a mandatory will of up to 1/3 of the inheritance of their adoptive parents (Compilation of Islamic Law). 3. Regarding inheritance rights, Islamic law regulates this through gifts or grants from the foster father, or through a mandatory will if the foster father did not provide a gift to the foster child during his lifetime. Therefore, it is clear that adopted children, under Islamic law, cannot inherit the same rights as biological children. This is in accordance with the guidance in the Qur'an and the Hadith of the Prophet Muhammad SAW.