Compulsory Testament: Efforts to Protect and Fulfil the Welfare Rights of Adopted Children in Indonesia’s Islamic Inheritance System

Zainuddin, Zainuddin (2023) Compulsory Testament: Efforts to Protect and Fulfil the Welfare Rights of Adopted Children in Indonesia’s Islamic Inheritance System. Manchester Journal of Transnational Islamic Law & Practice, 19 (1). pp. 162-175. ISSN 2633-6626

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Abstract

The wasiat wajibah (compulsory testament) is part of the Islamic inheritance system. However, concrete rules of wasiat wajibah are not found in Qur’an and Hadith. Nonetheless, Muslim scholars in Indonesia, through the Compilation of Islamic Law, made a legal breakthrough by allowing the granting of a compulsory testament to the adopted children. This article analyses the Shari’ah bases of this compulsory testament as an effort to protect and fulfil the right to welfare for adopted children. The primary argument of this article is that requiring a compulsory testament for adopted children is beneficial not only to individuals or specific groups, but also to all human beings. In Islamic law, compulsory testament for adopted children is categorised as hadhanah (efforts to care for adopted children) to maintain both their physical and spiritual health, seek their education, and overcome their economic problems. Therefore, when granting a compulsory testament to adopted children, a judge must prioritise their welfare

Item Type:	Article
Subjects:	K Law > K Law (General)
Divisions:	FAKULTAS HUKUM > ILMU HUKUM
Depositing User:	operator 2
Date Deposited:	07 Jul 2023 03:17
Last Modified:	07 Jul 2023 03:17
URI:	http://repository.umi.ac.id/id/eprint/3053

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