Implementasi Wasiat Wajibah pada Kasus Anak Angkat dalam Putusan Pengadilan Agama

Abstract

This study examines the implementation of mandatory wills (wasiat wajibah) for adopted children in Religious Court decisions in Indonesia using a juridical-normative approach. Adopted children are not categorized as legal heirs under Islamic inheritance law; however, their moral and social rights may be protected through mandatory wills. The objective of this research is to analyze the legal validity, implementation procedures, judicial considerations, and challenges related to mandatory wills for adopted children in Religious Courts. This research applies a qualitative method through document analysis, court decision review, and literature study on Islamic inheritance law, the Compilation of Islamic Law (KHI), and relevant legal doctrines. Data were obtained from Religious Court decisions, statutory regulations, academic journals, books, and other legal references. The findings indicate that Religious Courts generally recognize the legality of mandatory wills provided that the allocation does not exceed one-third of the estate and fulfills formal legal requirements. Judges tend to emphasize principles of justice, maslahat, and family harmony in resolving disputes between adopted children and legal heirs. Nevertheless, several obstacles remain, including limited public understanding of inheritance law, inconsistent judicial interpretation, and incomplete legal documentation. This study concludes that mandatory wills serve as an important legal mechanism for protecting adopted children’s rights while maintaining conformity with Islamic inheritance principles and maqashid sharia.