PEMBAGIAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELEBIHI BATASAN YANG SUDAH DITETAPKAN OLEH KOMPILASI HUKUM ISLAM (Studi Kasus Desa Jekulo Kecamatan Jekulo Kabupaten Kudus

Abstract

The notion of a bequest obligatory on property in Islam is coordinated for distant or direct relationships that do not get the freedom of shared inheritance with other people. This description extends the legal theory of probate law to the point where it can be used to justify its legal function. Last but not least, related to the obligatory will, when it was tested and why it was made. Throughout Islamic history, there has never been an appointment for an adopted child to receive a mandatory will. As a result, some comments growing in Indonesia emphasize that the meaning of adopting an adopted child in Article 209 KHI is a mandatory will carried out when a person dies and does not give a will to the person who has been determined. In Indonesia, KHI contains the theory and conditions overriding obligatory wills for adopted children and adoptive parents. The formulation of the problems that stick out in the application of wills are 1. How is the distribution of obligatory wills to adopted children in terms of the Compilation of Islamic Law. 2 How is the obligatory testamentary practice of adopted children in Jekulo Village. There are also objectives to be achieved through the preparation and research of this law, which are as follows: 1. To recognize the Compilation of Islamic Law on the distribution of obligatory wills to adopted children in Jekulo Village. 2. To find out the obligatory will of adopted children in Jekulo village. This research uses a qualitative approach with a type of field research. The procedure for collecting information in this research uses observation, interviews and documentation of research information. For this research position is Jekulo Village, Jekulo District, Kudus Regency with research subjects Mrs. Solichah, Mr. Indra, Mr. Kyai Miftachul Huda, and Mr. Muchtasor MH. The analysis was carried out by collecting information, then condensing the information to present it and then verifying its truth. Due to abuse in the distribution of wills, research findings in Jekulo Village, Jekulo District, Kudus Regency show that the implementation of obligatory wills is not in accordance with the Compilation of Islamic Law, so that as much as one-third of the inheritance. Rather than the Aggregation of Islamic Regulations with respect to the distribution of wills and guarantees of resources provided to the primary beneficiary. As a result, the procedures and their implementation contradict the KHI perspective.

Keywords: Wasiat wajibah, Adopted Children, Compilation of Islamic Law