A Study of The Legal Basis for the Different Classification of Adopted Children in Jury Property Inheritance

Abstract

The consideration of the Kupang Religious Court Judges which regulates different classifications of Petitioner I and Petitioner II adopted children in the acquisition of the inheritance of their adoptive parents as stated in the Decision of the Religious Court Number: 0002 / Pdt.P / 2013 / Pa.Kp, is not correct because according to The Islamic law, both petitioners are not included into the ten groups of dzawil arham heirs agreed upon by the four imams of the mazhab and they are not included in the class of heirs regulated in Article 174 verse 1 of KHI which is used as a basis by the judge. There should be no difference in assigning positions to Petitioner I and Petitioner II. Therefore, the panel of judges should be consistent in considering their position. If the panel of judges considers kinship relations, the two applicants should have the same right to become the heirs of dzawil arham. However, if the panel of judges is consistent with the arrangements for the Compilation of Islamic Law, then the two petitioners are included in the recipient of the mandatory testament under Article 209 verse 2 of Islamic Law Compilation. The judge should also consider that the position of the two petitioners is not included in the 10 (ten) groups of dzawil arham heirs that the mazhab priest agrees with so that it is sufficient to be given the obligatory testament.