Abstract:
Meanwhile, in our society, many foster children and foster parents do not
know about the distribution of legacy based on wajibah Will with the result for the
foster children whose biological parents have been passed away do not get the
rights so that their future becomes uncertain. Based on this understanding, the
writer formulated two forms of problems : First, what is the position of foster
children in wajibah Will according to Compilations of Islamic Law? Second, Has
the Pengadilan Tinggi agama fulfilled the sense of justice, beneficial and certainty
of law?
The type of this research could be grouped into Normative juridical, based
on the library research to get data source which was secondary data by using the
materials of Law which were primary law materials, secondary law materials and
tertiary law materials. Come up with analyzing descriptively and qualitatively.
It could be shown from the research that there was a mistake that had
been done by the judges of First Court resulted in the foster child who involved in
the case thought that she did not get her right so that the foster child sued to
Tingkat Banding Court. The judges in Tingkat Banding Court decided to give
part of the legacy to the foster child according to the regulation stated in
Compilations of Islamic Law. Therefore, the result of this research could be the
guidance for the Judges at Court in deciding the lawsuit about the distribution of
the legacy for the foster children according to Compilations of Islamic Law, so
that there will be a law certainty for foster children and the inheritors themselves.
