The judge's ijtihad methodology in implementing inheritance based on obligatory wills for foster children who are equated with adopted children is based on justice

Abstrak

In practice in Religious Justice institutions, for adopted children who do not receive a will, the Judge is given a share of inheritance through a mandatory will of up to 1/3 (one third) of the inheritance of their adoptive parents, as stipulated in Article 209 paragraph (2) Compilation of Islamic Law. Approach method, this research is normative juridical legal research, namely research used to test applicable norms or provisions by examining library materials or secondary data materials. This research bases all activities on the Al-Qur'an and hadith which are known as sources of law. This research is descriptive research, meaning it systematically describes the Islamic inheritance system based on the Compilation of Islamic Law and the Jepara Religious Court Decision Number: 771/1993. The research results explain that Article 209 of the Compilation of Islamic Law (KHI) regulates mandatory wills. In general understanding. Decision in case Number 771/PdtG/1993/PA-JPR with the defendant being Darwin Binti Sapijah with the status of being the step-granddaughter of the late B Soekini, apart from that she was also the foster child of her step-grandmother because she had been raised since childhood by B Soekini, who was married to her. also doesn't have any children.