Kedudukan Anak Angkat dalam Pembagian Warisan Perspektif Hukum Islam dan KUHPerdata

Abstract

The situation of adopted children in the distribution of inheritance in Tirto Village is discussed in this study through the lens of Islamic law and the Civil Code. Field research is the method of research provides (field research). According to the findings of this research, the situation of adopted children according to Islamic law and the Civil Code differs; in Islamic law, adoption has no legal repercussions in terms of blood links, guardian-guardian relationships, or inheritance relationships with adoptive parents. He is the biological father's heir, and the child continues to use his biological father's name. According to the Civil Code, a kid with the status of an adopted child is treated as if he or she were a legitimate child. The civil relationship with his biological parents is entirely broken, with legal ramifications such as legally obtaining the adoptive father's name, becoming a kid born from the adoptive parents' marriage, and becoming the adoptive parents' heir. The transfer of inheritance from adoptive parents to adopted children in Tirto Village is based on a will and internal family consensus deliberation, with the assumption that the adopted child has looked after his parents. After the inheritance is distributed to those who are entitled, each of the heir's siblings who get the inheritance distributes the property to the heir using a grant contract.