Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)

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Maslahah Wasiat Wajibah for Adopted Children with Different Religions and Stepchildren

Authors
Wahyuni Retnowulandari1, *
1Faculty of Law, University Trisakti, 11440, Indonesia
*Corresponding author. Email: wahyuni.r@trisakti.ac.id
Corresponding Author
Wahyuni Retnowulandari
Available Online 29 December 2022.
DOI
10.2991/978-2-494069-49-7_127How to use a DOI?
Keywords
Islamic Inheritance Law; Wasiat Wajibah; Maslahah
Abstract

This research is aimed to device a way that is more maslahah in this world and hereafter without using Wasiat Wajibah that deviates from sharia, especially regarding adopted children of different religions and stepchildren who are not actually heirs. This is important because in the implementation of Islamic inheritance such as Ijbari principle in the Qur’an Surah An-Nisaa’: 13-14 that is currently being violated by many court rulings. For example, the Religious High Court Judge No. 136/Pdt.G/2013/PTA.S in Keman Rachman’s inheritance case, gave Wasiat Wajibah to the stepchildren not included as following of kin and non-Muslim adopted children. Furthermore, the Prophet’s Hadith forbade Muslims to inherit from non-Muslims and vice versa. Indonesia adopted the Compilation of Islamic Law Article 171 letter C requiring benefactors to be Muslim. This normative research applied descriptive and qualitative analysis to understand whether the Wasiat Wajibah inheritance follows Maslahah. The results showed that ash’aryah forbids non-Muslim adopted children and stepchildren to receive a mandatory will. It is also recommended to provide a grant equivalent to zakat maal as 2.5% to rightful heirs following Maslahah.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2022
ISBN
978-2-494069-49-7
ISSN
2352-5398
DOI
10.2991/978-2-494069-49-7_127How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Wahyuni Retnowulandari
PY  - 2022
DA  - 2022/12/29
TI  - Maslahah Wasiat Wajibah for Adopted Children with Different Religions and Stepchildren
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 759
EP  - 763
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_127
DO  - 10.2991/978-2-494069-49-7_127
ID  - Retnowulandari2022
ER  -