ANALISIS TENTANG HAK WARIS ANAK ANGKAT STUDI KOMPARATIF FIKIH KLASIK MADZHAB SYAFI’I DAN KOMPILASI HUKUM ISLAM

Abstract

This study examines the inheritance rights of adopted children from the perspective of the Shafi'i school of jurisprudence and the Compilation of Islamic Law (KHI), emphasizing the differences in normative approaches and the objectives of their legal formation. Shafi'i school of jurisprudence emphasizes that inheritance is based on kinship, marriage, and wala' (guardianship); thus, adoptive children who are not blood relatives are not considered heirs according to the faraidh (lawful inheritance). Conversely, the KHI, as positive Islamic law in Indonesia, maintains the principle of kinship but introduces a mandatory will mechanism, as stipulated in Article 209 of the KHI, to provide economic protection to adopted children. This study uses normative legal research methods with both statutory and conceptual approaches, and is analyzed comparatively. Data sources are obtained from primary legal sources, including the Qur'an, hadith, and the KHI, as well as secondary legal sources, including Shafi'i school of jurisprudence literature and relevant scientific journals. The research results show that the differences between the Shafi'i school of jurisprudence and the Compilation of Islamic Law (KHI) are not contradictory, but rather represent differences in methodological approaches. Shafi'i jurisprudence is oriented toward text-based legal certainty, while the Compilation of Islamic Law (KHI) emphasizes the welfare and social justice aspects through institutional ijtihad. Thus, the KHI can be understood as an effort to contextualize Islamic law while remaining grounded in sharia principles to address the needs of modern Indonesian society.

Keywords: Adopted Children, Inheritance Rights, Shafi'i School, Compilation of Islamic Law