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WASIAT WAJIBAH DAN PERKEMBANGAN PENERAPANNYADALAM PUTUSAN MAHKAMAH AGUNG
2018
Al-Mazaahib: Jurnal Perbandingan Hukum
Wasiat wajibah in Article 209 of KHI which is different from the wasiat wajibah existing in other Islamic countries as stated above, in the perspective of ushul fiqh (istihsan) does not violate the provisions of Islamic inheritance law because adopted children and adoptive parents remain positioned not as heirs. The right's granting to them through a wasiat wajibah that does not exceed 1/3 solely to accommodate local wisdom and to maintain the sense of justice of Indonesian Islamic society. The
doi:10.14421/al-mazaahib.v6i2.1555
fatcat:a4afzlu4fredhcqrguk3wvzhfa