WASIAT WAJIBAH DALAM PERSPEKTIF EMPAT IMAM MAZHAB DAN HUKUM POSITIF DI INDONESIA

Abstract

Islamic law regulates the relationship between adopted children and adoptive parents, including the principle that adoption does not change lineage and does not automatically create mutual inheritance rights. A legal issue arises when an adoptive parent dies while the adopted child still depends on care and financial support. This article examines obligatory bequests for adopted children under the Compilation of Islamic Law (KHI) and the views of the Islamic legal schools. The original manuscript identifies a case-study method, deductive analysis, and the use of Articles 209(1)–(2) of the KHI and contemporary Islamic legal scholarship as sources. The discussion addresses the concept of wasiat, its legal foundations, the positions of the schools, the status of adopted children, and considerations of public benefit. The study indicates that adopted children are not heirs under Islamic inheritance law, but the KHI provides for an obligatory bequest of up to one-third of the adoptive parent's estate. This provision is understood as an outcome of ijtihad that seeks to promote welfare and prevent harm, particularly where the adopted child is not yet independent and has no other source of support. Its implementation must remain attentive to applicable law, the recipient's circumstances, the estate, and the rights of legal heirs.

Keywords: obligatory bequest; Compilation of Islamic Law; adopted child; Islamic legal schools; public benefit