TINJAUAN YURIDIS PENGUASAAN HARTA WARIS OLEH ANAK ANGKAT DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (STUDI KASUS DI KECAMATAN SUMBERPUCUNG KABUPATEN MALANG)

Abstract

The control of inheritance by adopted children often occurs in the community, especially in the Sumberpucung District, a regency where the majority of people are Muslim. Meanwhile, in enforcing laws related to inheritance. Religious courts have one of the legal bases used, namely the Compilation of Islamic Law. Some practices of control of inheritance by adopted children make research formulations 1) how to control inheritance by adopted children, 2) what factors cause control of inheritance by adopted children, and 3) juridical review of the control of inheritance by adopted children in the perspective of the Compilation of Islamic Law. As for using qualitative research types and descriptive approaches. Data collection through interviews, observations, documentation, and literature studies. By using Miles and Huberman's analysis, the results of the research are, the control of inheritance by adopted children in Sumberpucung District is carried out by managing and utilizing up to selling inheritance either with the permission of the heir's family or not. Factors that cause the control of inheritance by adopted children include religious knowledge and understanding that is lacking primarily in inheritance, the absence of community control, and the lack of introduction of inheritance law by the government. Based on KHI Article 209 paragraph 2 adopted children can receive a mandatory will of no more than 1/3 of the property left behind, and for adopted children as referred to in Article 171 part (h) of the Compilation of Islamic Law.

Keywords: Inheritance Law, Adopted Son, Mastery, Compilation of Islamic Law