Keabsahan Pemberian Wasiat yang Melebihi Batas Ketentuan Bagi Anak Angkat Menurut Hukum Islam

Sri Sukmana Damayanti, S.H (2022) Keabsahan Pemberian Wasiat yang Melebihi Batas Ketentuan Bagi Anak Angkat Menurut Hukum Islam. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

"The background of this writing is regarding the inheritance dispute events contained in Decision Number 318/Pdt.G/2020/PTA.Sby in that decision was determined regarding the case of inheritance distribution, with the decision to give inheritance to adopted children amounting to 1/2 part of the inheritance. heir's inheritance. Based on this background, there are two main issues that will be discussed, namely (1) the status of inheritance in excess of 1/3 of the share to adopted children according to Islamic law provisions (2) Analysis of the Decidendi Ratio on Court Decisions Regarding the Granting of Wills to Adopted Children Exceeding 1/3 Part. The type of research used is normative juridical research in order to obtain a clear and complete concept by reviewing legislation and other relevant literature to answer legal issues. The research approach uses a statute approach to examine laws and regulations related to the legal issues being handled, and a conceptual approach which is an approach that moves from the views and doctrines that develop in legal science based on secondary legal materials and arguments related to the problems raised in this study. The results of this thesis research indicate that (1) the status of inheritance that exceeds 1/3 of the share to adopted children according to the provisions of Islamic law is invalid based on the applicable legal provisions. (2) The ratio decidendi of the judge who has given 1/2 part of the inheritance to the adopted child is not in accordance with the provisions of Islamic inheritance law because it does not consider the principle of justice for the family left behind, especially the heirs."

Item Type: Thesis (Thesis)
Additional Information: KKB KK-2 T.FH.K.16/22 Sri k
Uncontrolled Keywords: Adopted Child, Will, Judge's Decision
Subjects: K Law > KB Religious law in general > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence > KB400-4855 Interdisciplinary discussion of subjects > KB400 Ritual law. Religious observances and rituals
K Law > KB Religious law in general > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence > KB400-4855 Interdisciplinary discussion of subjects > KB632-636.2 Inheritance and succession
Divisions: 03. Fakultas Hukum > Magister Kenotariatan
Creators:
CreatorsNIM
Sri Sukmana Damayanti, S.H031914253057
Contributors:
ContributionNameNIDN / NIDK
Thesis advisorELLYNE DWI POESPASARI197103041997022001
Thesis advisorFISKA SILVIA RADEN RORO197705292003122003
Depositing User: mat sjafi'i
Date Deposited: 25 Sep 2026 07:09
Last Modified: 25 Sep 2026 07:09
URI: http://repository.unair.ac.id/id/eprint/147895
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