Mandatory wills for adultery children, analysis of the compilation of Islamic law from the perspective of maqasid syariah Al-Syatibi

Arifin, Zainal and Mahmudi, Zaenul (2022) Mandatory wills for adultery children, analysis of the compilation of Islamic law from the perspective of maqasid syariah Al-Syatibi. International Journal of Law and Society (IJLS), 1 (1). pp. 36-47. ISSN 28279042

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Abstract

Over time, the development of Islamic law in Indonesia shows relatively rapid growth, both from the institutionalization of law and contemporary Islamic studies. One of them is the mandatory will listed in the Compilation of Islamic Law (KHI) Article 209 Paragraphs 1 and 2. The mandatory will intended in this KHI is the taking of property from the adoptive parent for the adopted child or from the adopted parent for the adoptive parent through a mandatory decision of the award, whether the deceased person pronounces or writes the will when living or not. This KHI is a set of Islamic laws that are the product of Indonesian scholars to answer problems in the community and become a formal reference of judges in deciding a case. Tururanan, from the will of the obligation in the KHI, can then be implemented a mandatory will for adultery children as a protection against it. This article uses the library research approach and philosophical qualitative-juridical methods, then analyzed using maqasid shari'ah al-Syatibi, in terms of propositions, illah, and maslahat justice by the purpose of shari'ah. Whether the concept of compulsory will for adulterous children is under the objectives of sharia to create ummat benefits or not, the results can later be used as references and evaluation materials by legal experts and legal practitioners in the termination of the court and study materials for academics.

Item Type:	Journal Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Depositing User:	Zaenul Mahmudi
Date Deposited:	01 Dec 2022 15:45

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