Analysis of the Islamic Law against Article 209 of the Compilation of Islamic Law (KHI) on Wasiat Wajibah of Adopted Children

Abstract

The Compilation of Islamic Law was formed on the consideration that the judiciary is already very old, while the judge does not have the standard reference books together, such as the Criminal Code. As a result, when the judges hear the case, the reference is books of fiqh without standardization or uniformity. It goes, it is practically possible to be born different verdict for similar cases for handling by different judges. In addition, since the judiciary in Indonesia, the need for the Compilation of Islamic Law is already being felt. This purpose is never lost, even growing steadily in line with the development of the judiciary. With the enactment of Law 7 of 1989, the need for the compilation of Islamic law is filled with the issuance of Presidential Instruction Number 1 of 1991. It was followed up by the decision of the Minister of Religion number 154 of 1991 on exercising Presidential Decree number 1 of 1991 regarding the dissemination of the compilation of Islamic law. Wasiat wajibah can also be interpreted as a mandatory provision to heirs or the family especially the grandchildren are blocked from receiving wasiat property because their mother or father grandparents died before they die or die together. This is because they are hindered by legal heirs inherit the legacy of his grandparents because no heir uncle or aunt to grandchildren. The compilation of Islamic Law (KHI) is the provision of an object from the heir to other persons or institutions that take effect after the testator dies. The method used is normative. To study the problems above, the held data collection techniques in the literature, by conducting a review of the books, literature, the Quran, hadith, fiqh books, and the book of the Law. Was borrowed can also be interpreted as a mandatory provision to heirs or the family especially the grandchildren are blocked from receiving wasiat property because their mother or father grandparents died before they die or die together. This is because they are hindered by legal heirs inherit the legacy of his grandparents because no heir uncle or aunt to grandchildren. The compilation of Islamic Law (KHI) regulates an object from the heir to other persons or institutions that take effect after the testator dies. As for those who get wasiat wajibah here is the heirs who do not get a share inheritance. They who do not get wasiat wajibah are heirs who have received inheritance because people who already have a part of the waris may not get other parts or get two parts in the inheritance process.