Juridical Implementation of Distribution Assets for the Inheritance to Adopted by Islamic Law Compilation

Noor Handayani, Akhmad Khisni
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引用次数: 1

Abstract

The purpose of this study was to: 1) analyze the position adopted child's inheritance rights in Islamic Law Compilation (KHI). 2) to analyze the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI). 3) Analyze the legal consequences of the implementation of the division of property as inheritance to an adopted child Compilation of Islamic Law (KHI).This study was prepared using the type of normative juridical research, the research focused on reviewing the application of the rules or norms of positive law. This study uses the approach of legislation (statute approach) And the approach of the case (case approach). The data collection was obtained by interview and literature. Analysis of data using qualitative descriptive.The research results are: 1) Position Adopted in the Compilation of Islamic Law that adopted children may not be recognized to be the basis and cause of inherited, because the basic principle in Islamic inheritance law is their blood relations / nasab / descent. So as the solution according to Islamic law compilation is by jalam Award "was borrowed" on condition should not be more than 1/3 (one third). 2) The division of property as inheritance to an adopted child Compilation of Islamic Law (KHI) must meet two requirements that are required to accept the will not the beneficiary, the person who died both the grandfather and the grandmother has not provided to the child that must be made a will, the amount with other roads, such as grants for example, and if he has less than the sum was borrowed, then it should enhanced the will. 3) The role of the Notary in deed was borrowed for a foster child is doing what desired heir and explain all that heir to all the heirs, it is intended to provide clarity and legal certainty for all heirs of things execution of wills which heir to all his heirs.Keywords: Inheritance, Adopted, Compilation of Islamic Law.
伊斯兰教法编纂采用遗产分配的司法实施
本研究的目的是:1)分析收养子女继承权在《伊斯兰教法汇编》中的地位。2)分析《伊斯兰教法汇编》(KHI)对养子继承财产分割的实施情况。3)分析对收养子女实行财产分割继承的法律后果。伊斯兰教法汇编(KHI)。本研究采用规范性法学研究的方式编写,研究重点是审查成文法规则或规范的适用情况。本研究采用立法法(成文法法)和个案法(个案法)。资料收集采用访谈法和文献法。数据分析采用定性描述。研究结果如下:1)《伊斯兰教法汇编》中所采纳的立场:由于伊斯兰教继承法的基本原则是血缘关系/血缘/血统,因此收养子女可能不被认为是继承的依据和原因。因此如解依伊斯兰教法汇编是由贾拉姆奖“被借用”的条件不应超过三分之一(三分之一)。2)财产分割作为对收养子女的继承,《伊斯兰教法汇编》(KHI)必须满足两个要求,即要求接受遗嘱的不是受益人,死者的祖父和祖母都没有提供给子女的,必须立遗嘱,其数额用其他途径,例如赠款,如果他所借的数额少于所借的数额,则应加强遗嘱。3)公证人在契约中的作用是为寄养儿童借用的,他们正在做他们想要的继承人,并向所有继承人解释所有继承人,它的目的是为所有继承人提供清晰和法律上的确定性,为所有继承人执行遗嘱。关键词:继承,采用,伊斯兰教法编纂。
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