The Position of Numeral Children in the Inheritance System of Islamic Law and Baduy Customary Law

Abstract

This study aims to analyze the position of adopted children in the inheritance system of Islamic Law and Customary Law of the Baduy Tribe, as well as to examine the application of inheritance law to adopted children in the Baduy community who adhere to Sunda Wiwitan and who are Muslim. The background of this study is based on the fundamental differences between Islamic Law and Baduy Customary Law in determining the inheritance rights of adopted children. In Islamic Law, adopted children do not have a lineage relationship with adoptive parents so they do not have the right to inherit directly, whereas in Baduy Customary Law adopted children can be treated equally with biological children based on customary recognition and acceptance. The research method used is a normative-empirical juridical approach with a statutory, conceptual, and sociological approach. Data were obtained through library studies and field research conducted in the Baduy Customary community. Data were analyzed qualitatively to obtain an overview of the application of inheritance law to adopted children in community practice. The results of the study indicate that in the perspective of Islamic Law, adopted children are not included as legal heirs, but can obtain a share of assets through a grant or mandatory will of up to one-third of the inheritance of the adoptive parents. In contrast, in Baduy customary law, adopted children who have been accepted as family members have almost the same status as biological children and can obtain rights to family property based on deliberation and applicable customary provisions. The application of inheritance law in Baduy society demonstrates the interaction between Islamic and customary law values ??aimed at maintaining justice, family harmony, and social order. The main difference between the two legal systems lies in the basis for determining inheritance rights, namely lineage relations in Islamic law and social-family relations in Baduy customary law.