Title of article :
Wajibah Will toward Adopted Child: An Analysis of Decision and Method of Judgment in the Case Number 459/Pdt.G/2013/PTA Sby
Author/Authors :
daud, zakiyul fuady muhammad university of malaya - academy of islamic studies - department of fiqh and usul, Malaysia , azahari, raihanah hj university of malaya - academy of islamic studies - department of fiqh and usul, Malaysia
Abstract :
Adoption is a common practice to continue the heredity. The purpose of this study is to identify and analyze the decision and methods of judgment used by the judge in awarding the wajibah will to theadopted child. This descriptive qualitative study usesan interview and documentation as collecting datamethod. The data analysis uses 4 stages recommended by Miles and Huberman. The findings of the studyshow that judges grant wajibah to adopt child anduse the grammatical interpretation method towardthe provisions contained in compilation of Islamiclaw (KHI) section 209. If the decision and method ofjudgment are analyzed in the perspective of shariah,they are not appropriate because the status of theadopted child is not equal to the biological child who has different positions in Islamic inheritance law. While the methods used by the judges can indeed be used but it should refer to the provisions in Islamic inheritance law directly.
Keywords :
Adopted Child , Wajibah Will , Decision , Method of Judgment , Shariah
Journal title :
Jurnal Fiqh
Journal title :
Jurnal Fiqh