Social Media and the Interpretation of Islamic Inheritance Law: Insights from Muhammad Abu Rivai’s Instagram

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Indonesia is a country that does not adhere to Islamic teachings in terms of law; in terms of inheritance itself, Indonesia adheres to three applicable laws, namely, inheritance law according to Islam, civil inheritance law originating from the Civil Code, and customary inheritance law. Islamic inheritance law and customary inheritance law certainly have different provisions and have their own characteristics. Therefore, the author wants to explain more deeply the division of inheritance in Islamic law and customary law in this article. In compiling this article, the author uses qualitative descriptive research, which is a type of library research with sources from journals, books, and other scientific works. In this study, researchers concluded that customary inheritance law and Islamic inheritance law have similarities in the distribution of inheritance, but customary inheritance law sometimes does not comply with the provisions in Islamic inheritance law, such as it is required that the heir must die, in customary inheritance law the heir does not have to die, meaning that the heir must die. Inheritance may be divided when the heir is still alive; not only that, in Islam, men get two parts, and women get one part, but in customary inheritance law, things like that sometimes do not apply. However, they are divided equally between men and women. What makes the difference between the distribution of Islamic and customary inheritance law is that in customary inheritance law, there is a principle of individuality and balance. With the principle of balance, the distribution of inheritance can differ from one another.

This research discusses the implementation of Islamic Inheritance Law for Muslims in Indonesia, which in its application is still not fully implemented for Muslim heirs. When referring to the Law, Muslim heirs are obliged to divide the inheritance property by Islamic law, but in practice in Indonesia, many heirs still use customary law and civil law (Burgerlijk Wetboek) based on various reasons. The purpose of this research is to find out the implementation of Islamic Inheritance Law for the Muslim Population in Indonesia. This research method uses the Law approach method, which is carried out by analyzing various laws and regulations related to the field of Inheritance Law. Based on the results of the research, Islamic Inheritance Law cannot be implemented in Indonesia for the Muslim population because Indonesian society is still influenced by customary inheritance law, either following the individual-patrilinial, matrilineal or bilateral-collective inheritance system. Apart from the strong influence of tradition or customary law, another obstacle is that Muslims do not fully understand the concept of justice and equality in Islamic inheritance law, especially when it comes to the portion of sons and daughters. It is necessary to formulate a national inheritance law system by taking into account the general principles of inheritance and accommodating each inheritance law system in the country.

The purpose of this research is to discuss the comparison of the legal position of substitute heirs based on Islamic inheritance law with the inheritance law according to the Civil Code. The research results show that Islamic Inheritance Law is a law that regulates the transfer of inherited property from heirs to heirs, called inheritance law, which in Islamic law is known by several terms such as: faraidl, Fiqh Mawaris, and others. Inheritance law in the Civil Code is defined in the Civil Code's inheritance law in the Civil Code and is not explicitly stated, but legal experts provide or state the meaning of inheritance law in the Civil Code.

The Unitary State of the Republic of Indonesia itself has three inheritance legal systems in its implementation, namely based on local customary law or customs, religious law or beliefs adopted such as Islamic inheritance law, and there are also laws that are made and arranged in such a way by legislators such as inheritance law. Civil Code. In Indonesia, the three types of legal systems live in society according to the beliefs and religions of each community. This writing will examine specifically the comparison of inheritance that applies in Indonesia, namely "Customary Inheritance Law" with "Islamic Inheritance Law". Inheritance will take place if the testator dies and the heir to the inheritance. In the Minangkabau tribe itself in terms of inheritance from the past until now adhered to the matrilineal system or based on the maternal line, in other words, in the inheritance system, the degree of women was higher than that of men. The problem that will be raised in this study is how the distribution of inheritance in the Minangkabau tribe and comparing the inheritance system based on "customary law" with "Islamic law" and what obstacles are caused in the distribution of inheritance in the Minangkabau tribe. With this comparison, it is hoped that it can be seen and differentiated between pure inheritance law and customary inheritance law and which are included in the receptie theory. This study uses a field research method, with a comparative approach that is descriptive in nature. The data used are primary data and secondary data and draw conclusions based on descriptive-analytic-qualitative. The research conducted includes qualitative causality research. The purpose of this study is the results of this study indicate that there are differences and similarities between Minangkabau customary inheritance and the compilation of Islamic law itself.

Basically, inheritance law is closely related to the scope of human life, because every human being will certainly experience a legal event called death. Inheritance law in Indonesia is very diverse, namely civil inheritance law, customary inheritance law, and inheritance law according to Islamic Teachings. The purpose of this research is to find out the fairest inheritance law, between civil inheritance law, customary inheritance law, or Islamic inheritance law. The problem under investigation is which one the fairest? The method that used in this research is qualitative method with a utility approach. The results showed that none inheritance law is fairest, civil inheritance law, customary inheritance law or Islamic inheritance law that fair. Everything is fair according to its usefulness. Civil inheritance law is fair if used for those who use it, Islamic inheritance law is fair to those who are Muslim and customary inheritance law is fair for those who apply it. The advice given is the application of inheritance law should be adjusted according to its usefulness. Keywords: Inheritance Law, Civil Inheritance Law, Customary Inheritance Law, Islamic Inheritance Law.

Regulations regarding inheritance in Indonesia still have pluralism, namely Islamic inheritance law and civil inheritance law. Civil inheritance law is further divided into civil inheritance law which is subject to the Civil Code and civil inheritance law which is subject to customary inheritance law (sourced from customary law which is different in each region). The diversity in the law cannot be found from the classifications in society that have been carried out since the colonial era. The division of the Indonesian population is based on Article 131 IS and Article 163 IS. (Indische Staats Regeling).
 The Jambi City Seberang community is one of the Jambi city community communities whose population is predominantly Muslim. In distributing inheritance they have various guidelines, some are guided by Islamic inheritance law, some are guided by customary inheritance law. However, the majority of the people prefer customary inheritance law. However, in practice the implementation of inheritance distribution uses Islamic inheritance law, customary inheritance law and grants. The objectives of this study are: 1. To find out the mechanism for the distribution of inheritance in the Seberang City Jambi community 2. To find out the application of the law in the Seberang Jambi City community in obtaining legal certainty. This research uses qualitative research, the type of research is case study, data collection is done by interview, field observation, and documentation. After the data is obtained, then it is analyzed and the results can open the mechanism of inheritance distribution in communities across the city of Jambi, namely: determining the distribution of inheritance if a single husband and wife and more than one wife, then separating the inheritance into 3 parts, namely heavy assets, light assets and Seko, secondly, the application of the law of inheritance distribution across the city of Jambi is that all heirs divide their inheritance by combining customary inheritance law and Islamic inheritance law based on the belief that they have implemented customary law that they have had for generations but not leave Islamic inheritance law as the basis for the beliefs they profess and believe in. All research results are in written form that is neatly arranged and detailed.

Indonesia imposed three legal systems, namely western law, Islamic law and customary law, each of which has its own arrangements, including inheritance arrangements, in particular on the provisions of the replacement heirs. The legal arrangement of inheritance regarding the provisions of the replacement heirs there are similarities and differences of position which are set by each legal system, especially between Islamic inheritance law and inheritance law according to the Civil Code. The research method used by the method of juridical normative in the form of theory, concept and idea about the comparison of surrogate heirs between Islamic inheritance law with the law of inheritance according to the Civil Code. In the research conducted, the authors obtained the result that the position of the surrogate heirs in the inheritance of Islam formulated tentatively in Article 185 paragraph (1) KHI and in the Civil Code formulated in Article 841-848 Civil Code. Differences of substitute heirs according to the Law of Inheritance of Islam with the Law of Inheritance according to the Civil Code one of which is the right that the substituted heirs obtain is not necessarily the same as the right of the person to be replaced, nor shall it be exceeded from the part of the heir equal to that which is replaced, but may be reduced. According to the inheritance law of the Civil Code of the section to be obtained the heirs who replaced his father’s position exactly the same as the part that should have been his father if his father still lives from the heir.

Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI

Customary inheritance law does not recognize the principle of "legitieme portie" or the absolute part of Islamic inheritance law where inheritance rights have been determined for certain portions of inheritance as stipulated in the Qur'an Surah An-Nisa. The problem of this research is how the harmonization of values and principles in customary inheritance law and Islamic inheritance law in Semende, South Sumatra Province as a contribution to the formation of national inheritance law? The results showed that the harmonization of values and principles in customary inheritance law and Islamic inheritance law in Semende, South Sumatra Province as a contribution to the formation of national inheritance law is that adat can be used as Islamic law, that is, custom in this relationship is a habit in the daily life involved in terms of muamalah (community), not about 'worship.' Because, regarding worship people should not add or subtract what has been determined by Allah as written in the Koran and which has been arranged by the Sunnah of His Apostles as contained in the book Valid Hadiths.

Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.

The science of the inheritance law of the Islamic religion is a developed area based on the centuries-old experience of Muslim scholars. Inheritance is one of the commandments of Almighty Allah, which, when properly performed, brings joy to the heart of a person, brings stability to his social life, and streamlines his relationships. The basic principle of Islamic inheritance law is the observance of the norms of the Koran. In the Islamic Sharia, Allah Almighty emphasized the science of inheritance and explained the problems in detail directly under his guidance. Allah Almighty in His infinite wisdom has shown us an unparalleled system of equitable distribution of the inheritance left by a deceased person among the heirs. In this system, there is no place for disputes and fights between heirs. This article provides a brief analysis of the concept of inheritance used in Islamic law in terms of linguistic and terminological definitions, the main sources of Islam, the Koran, and the hadiths of the Prophet. Issues related to the priority of Islamic heritage, as well as its significance in Islamic law, will be discussed. The basic principle of Islamic inheritance law is based on the norms of the Qur'an, with particular emphasis on rules and decisions. It is argued that the legal system of inheritance in Islam is very different from other legal systems and that no issue in the Qur'an is more detailed than the issue of inheritance. Sharia jurists will present their views on the science of inheritance in Islam and give a brief overview of the manifestations of inheritance law in pre-Islamic Arab society. The basic principles of the right of succession and the share of each female heiress from fard owners will be outlined.

The law of inheritance is a series of provisions in which in connection with the death of a person, the consequences in the material field are regulated, namely: the result of the transfer of inheritance from a deceased person to an heir, both in their relationship between themselves and with a third party. The inheritance law system in Indonesia still has a plurality of legal arrangements, among others, there are three inheritance law systems that are valid and accepted by the Indonesian people, namely for native Indonesian citizens the customary inheritance law is still in effect which is regulated according to the composition of the customary community, which is patrilineal, matrilineal and parental / bilateral. In addition, Muslim families carry out inheritance in accordance with Islamic inheritance law. While some people use civil inheritance law. This type of research used in writing this thesis is normative legal research that focuses on positive law. Normative legal research is research that uses statutory analysis as primary legal material. The primary legal material is also supported by books, expert opinion, mass media, newspapers and magazines as secondary legal materials. Because our country adheres to positive law, in other words we obey and obey a set of principles and rules of written law that are currently in force and are binding in general or specifically and must be enforced. In this case the distribution of inheritance can be carried out based on Customary Law, Islamic Law and the Civil Code, therefore for the distribution of inheritance it must remain in the corridor of each law, here we discuss this inheritance problem using Permendagri No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Law Communities, Presidential Instruction Number 1 of 1991 concerning Compilation of Islamic Law and the Civil Code. Keywords: customary inheritance law, Islamic inheritance law, civil inheritance law.

The background of this research explains that the Islamic Inheritance Law regulates the matters of inheritance (inheritance) left by the deceased, namely regulating the transfer of inheritance from the deceased (heir) to the living (heir). This study uses an empirical juridical approach, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. This research in: (1) Forms of inheritance law that have not been contained in conventional fiqh (fiqh almawarits), but they have been contained and codified in the KHI inheritance law, including: Article 171 concerning Joint Assets, Article 177 concerning the division of fathers `asobah. Article 209 states that adoptive fathers and adopted children receive an inheritance, and if they do not receive a will, then they are entitled to receive a compulsory will. (2) Comparison of Islamic Inheritance Law according to the Compilation of Islamic Law (KHI) with Faroid Science, namely: Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI.

The background of this research explains that the Islamic Inheritance Law regulates the matters of inheritance (inheritance) left by the deceased, namely regulating the transfer of inheritance from the deceased (heir) to the living (heir). This study uses an empirical juridical approach, with descriptive analytical specifications of data collected with primary data from field research and secondary data from literature studies, while qualitative data. This research in: (1) Forms of inheritance law that have not been contained in conventional fiqh (fiqh almawarits), but they have been contained and codified in the KHI inheritance law, including: Article 171 concerning Joint Assets, Article 177 concerning the division of fathers `asobah. Article 209 states that adoptive fathers and adopted children receive an inheritance, and if they do not receive a will, then they are entitled to receive a compulsory will. (2) Comparison of Islamic Inheritance Law according to the Compilation of Islamic Law (KHI) with Faroid Science, namely: Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI. Indonesia as a developing country which is developing requires uniformity (unification) of law in the form of codification (Written Law). (3) Similarities and Differences in Islamic Inheritance Law According to the Compilation of Islamic Law (KHI) and Faroid Science, which should be used as the main reference in the framework of drafting a Law on KHI.