LEGAL CONSEQUENCES OF GRANTING GRANTS OF ALL PROPERTY TO ADOPTED CHILDREN ACCORDING TO THE COMPILATION OF ISLAMIC LAW

Abstract

A grant is an agreement whereby the grantor during his or her lifetime gives property to someone free of charge or voluntarily without being withdrawn. We also often find various polemics or problems that arise because of it, such as people who give all their property to their adopted children because they are worried that in the future their adopted children will not get an inheritance from them because of the position of the adopted child who is not an heir. Grants according to Islamic law can be made both in writing and orally. It has even been stipulated in Islamic law that gifts in the form of immovable property can be done orally without the use of a written document. The legal consequences arising from the granting of all property to adopted children according to the Compilation of Islamic Law are null and void, because they have violated the provisions of Article 210 paragraph (1), namely that a person who is at least 21 years old of sound mind without coercion can donate a maximum  ^{of 1}/₃ (third) of his property to another person or institution in the presence of two witnesses.