Inheritance Problematics For Adopted Children In The Community Of Buduran Village

Abstract

The law that exists and applies today in Indonesia, apart from marriage law, inheritance law is part of family law, inheritance law plays a very important role. It even determines and reflects the family system that applies in society. Heirs are a group of people or relatives who are related to the person who died and have the right to inherit or receive the inheritance left by someone (heir). This provision applies to Muslims, while for non-Muslims adoption of children can be carried out in the District Court. So researchers are interested in taking this title. The aim of this research is to find out what the problem of inheritance of adopted children is in the Buduran village community, Buduran subdistrict, Sidoarjo district, to find out what the problem of equality of status and rights (inheritance) of adopted children with biological children is in the Buduran village community, Buduran subdistrict, Sidoarjo district, and to explain The social impact and views of Islamic law on the inheritance problems of adopted children in the Buduran village community, Buduran sub-district, Sidoarjo regency. The approach used in this research is a descriptive qualitative approach. The results of this research are that adopted children are not the same as biological children in their position regarding the issue of inheritance rights from their adoptive parents' assets. In Islamic law, adopted children do not have the right to inherit property and cannot pass on an inheritance to their parents. This is the provision of Islamic law in its original law. During the Jahiliyyah era, adopted children were like biological children in terms of their rights to inheritance. In the interests of the heirs left behind, a person only has the right to will a small portion of their assets. This is intended so that the will does not lead to disaster for the heirs left behind. The amount of one third of assets that can be left as a will. The parents' message to their children to give away all their inheritance turns out to be contrary to Islamic law as their religion. The impact of equal status and rights (inheritance) like biological children is that it results in a blurring of the child's identity which results in some community members not knowing who Adi really is. adopted children (younger generation), and caused social jealousy within the family of the late Mr. Roni and Mrs. Rosnida. In Islamic law, adoption of a child can only be justified if it fulfills the provisions of not severing the blood relationship between the adopted child and the biological parents and family.