The Complexity of Inheritance: A Comparative Analysis of the Distribution of Inheritance in Islamic Sharia and the Civil Code

Abstract

The division of inheritance is a complex and important issue in society. This study aims to compare the system of inheritance distribution in Islamic Sharia and the Civil Code. The research method to be used is literature study and document analysis. The main findings of this study are expected to provide a deeper understanding of the differences and similarities between the two legal systems. This research can make a new contribution in highlighting the complexity of heritage in the legal and social context in Indonesia. This study aims to compare the system of inheritance distribution in Islamic Sharia and the Civil Code. The division of inheritance has importance because it is the process of dividing the deceased property for the heirs. However, the process of inheritance distribution is complex because there are differences in the system of inheritance distribution between Islamic Sharia and the Civil Code. Therefore, this study will review these complexities and provide a deeper understanding of the differences in the division of inheritance between the two legal systems.The research methodology used in this study is a comparative research that takes the example of the inheritance distribution system in Islamic Sharia and the Civil Code. Data for this study were collected through a literature study, using documents such as the Qur'an, Hadith, and the Civil Code as primary sources. This study found that the system of inheritance distribution in Islamic Sharia and the Civil Code has significant differences. In Sharia, the main principle is fair and balanced, with categories of heirs including husbands, wives, sons, and daughters. However, in the Civil Code, the main principle is the freedom to manage inheritance, with categories of heirs including husbands, wives, sons, daughters, parents, and siblings. The number of inheritance shares is also calculated based on the differences in those systems. The implication is that the inheritance sharing system can affect individual rights and family relationships, as well as have different social and legal impacts in Indonesia.