UDTR Global Rights of Nature Radar

Inheritance Rights of Adopted Children in Islam: A Systematic Review of Principles, Legal Foundations, and Practices

Identification

Public canonical key

radar:r-de073e4eef82628cc4a9713c2e0700df

Authors

Mokhamad Rohma Rozikin

Reported year

2025

Reported language

en

Source type

preprint

First detected

2026-11-14T02:40:38.491438+00:00

Last metadata observation

2026-11-14T02:40:38.491438+00:00

Last HTTP verification

Not checked

Institutions reported by the source

University of Brawijaya

Reported affiliation countries

ID

Documentary abstract — original language

Abstract The legal protection of adopted children in Muslim countries remains problematic, particularly regarding inheritance rights, which the established fiqh tradition does not recognize. This gap creates inequality and economic problem. To date, no systematic study has comprehensively examined inheritance dynamics for adopted children in Islam, integrating early juristic texts and modern policies. This research addresses that gap through a systematic literature review using the PRISMA framework, drawing from Scopus, Web of Science, and ScienceDirect (2000–2025). Only English-language studies on inheritance rights of adopted children in Islamic contexts were included. From 503 articles screened, 17 met the criteria. Data were appraised with the Mixed Methods Appraisal Tool and thematically analyzed using NVivo 14. The findings reveal three main approaches: a foundational fiqh approach that adheres to literal Qur’anic interpretation; a maqāṣid -oriented interpretive approach using maqasid al-shariah , particularly with reference to Al-Ahzab 4–5; and a pragmatic approach allowing adopted children to benefit through allocation of up to one-third of an estate. Comparative analysis shows variation across countries, with Indonesia leading reform efforts through Article 209 of the Compilation of Islamic Law (KHI). Overall, the study highlights the adaptive capacity of fiqh . Islamic jurisprudence adapts through an uṣūl -based istinbāṭ method that links the ijtihād of early jurists to contemporary social problems, notably by means of the obligatory bequest ( waṣiyyah wājibah ).

Identifiers

OPENALEX

https://openalex.org/W4416850201

DOI

10.21203/rs.3.rs-7957048/v1

Documentary context

Documentary family

preprint

Source-reported types

preprint

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1

• Document · https://doi.org/10.21203/rs.3.rs-7957048/v1

Documentary status

Relevance pending

Library

This identity is not yet included in the Legal Library.