Compulsory Testament: Efforts to Protect and Fulfil the Welfare Rights of Adopted Children in Indonesia’s Islamic Inheritance System
Manchester Journal of Transnational Islamic Law & Practice Volume 19, Issue 2: 162-175, 2023
20 Pages Posted: 3 Aug 2023
Date Written: July 25, 2023
The wasiat wajibah (compulsory testament) is part of the Islamic inheritance system. However, concrete rules of wasiat wajibah are not found in Qur’an and Hadith. Nonetheless, Muslim scholars in Indonesia, through the Compilation of Islamic Law, made a legal breakthrough by allowing the granting of a compulsory testament to the adopted children. This article analyses the Shari’ah bases of this compulsory testament as an effort to protect and fulfil the right to welfare for adopted children. The primary argument of this article is that requiring a compulsory testament for adopted children is beneficial not only to individuals or specific groups, but also to all human beings. In Islamic law, compulsory testament for adopted children is categorised as hadhanah (efforts to care for adopted children) to maintain both their physical and spiritual health, seek their education, and overcome their economic problems. Therefore, when granting a compulsory testament to adopted children, a judge must prioritise their welfare.
Keywords: Adopted Children, Welfare, Wasiat Wajibah, Compulsory Testament
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