Inheritance Law Research Articles

KEWARISAN ISLAM DALAM PERSPEKTIF HISTORIS

This research aims to explore the evolution of the Islamic inheritance system from pre-Islamic times to the modern era, focusing on the significant changes that occurred after the advent of Islam and contemporary legal reforms. The research method used is a literature study, with analysis of historical literature and modern studies related to the application of inheritance law in Muslim countries. The results show that before Islam, the inheritance system was very patriarchal, with women having no inheritance rights. After Islam came, the Qur’an introduced a more equitable system, granting inheritance rights to women, although their share was smaller than that of men. In the modern era, some Muslim countries have made reforms to accommodate gender equality, but the challenge of implementing more equal laws still exists in some countries. This study recommends the need for comparative studies among Muslim countries to analyse the effectiveness of inheritance law reforms, as well as further research on the socio-economic impact of these reforms on women’s welfare. Empirical research is also needed to understand the influence of local socio-cultural factors in the application of Islamic inheritance law.

DIAGEMHMM: HMM based on diagonal occupation matrices and EM algorithms for Mendel's law of heredity

The law of inheritance is the most basic and important law in genetics, which provides an important theoretical basis for explaining biological diversity and human development. However, the traditional experiments on genetic laws are time-consuming and require a lot of humans, material, and financial resources, which seriously restricts the development of genetics research. With the in-depth development of machine learning, this paper determines the transfer matrix through the diagonal dominance matrix, combines the EM algorithm and the HMM model, creatively proposes the DIAGEMHMM algorithm, and applies it to the experimental simulation study of Mendel's law of gene segregation and the law of free combination. The algorithm has achieved very good results as shown by the results of six sets of simulation experiments of the law of gene separation and the law of free combination. Among them, the accuracy of simulation experiments in diploid reaches 100 %, and the accuracy of simulation experiments in polyploid reaches 99.8 %.

Munawir dan Isu Mawarith: Sebuah Kajian Linguistik Pada Al-Nisā Ayat 11

<p style="text-align: justify;">The law of inheritance is a study that has been stipulated in the Qur'an in detail. This study examines how Munawir Syadali thinks about the division of inheritance and the factors behind the emergence of this thought. This study uses a qualitative approach with a literature study type. The data collection method is document analysis and uses content analysis techniques. The results of this study indicate that H. Munawir Sjadzali's thoughts on verse 11 of Surah An-Nisa' are related to the law of inheritance division, namely to equalize the division of inheritance between sons and daughters. Analysis of Munawir's biography, thoughts, and interpretation methods shows his hermeneutic approach, emphasizing the spirit of justice behind the text of the Qur'an compared to mere literal interpretation. This approach, which takes into account the current social and cultural context, differs from traditional interpretations that adhere to the 2:1 ratio stated in the verse. Several factors have shaped Munawir's views, including his educational background, partnership experience, and commitment to Islamic reform. He prioritizes freedom of thought and contextualization of Islamic teachings, so that they are relevant in the modern world. Although his approach is provocative, he conveys to broader and deeper discussions about the interpretation of the Qur'an and the law of mawarith.</p>

Islam, State, and Local Wisdom: An Examination of Widowhood Inheritance Law in Indonesia

This article highlights the urgency of applying the common property distribution approach prior to the distribution of inheritance in the Indonesian context, which is influenced by local wisdom practices. This research aims to emphasize the rights of wives as widows over joint property through the application of the Compilation of Islamic Law (KHI), so that widows can obtain a fairer share before the distribution of their inheritance rights in accordance with the principles of fiqh. The method used in this research is a normative-juridical approach, with document analysis of legal regulations and their application in the context of local wisdom in Indonesia. The findings show that the distribution of joint property, before the distribution of inheritance, is very important to protect the rights of women who are often marginalized in a society that prioritizes the tradition of male lineage. The affirmation of giving half of the joint property to the widow at the beginning of the distribution before the widow receives her inheritance rights can be equated with shirkah that in the context of marriage the wife also contributes to the collection of property. The discussion in this study emphasizes that the integration of fiqh principles and KHI provisions in the distribution of inheritance, by first recognizing the widow's right to joint property, then the widow receives her inheritance rights after the joint property is distributed, this form of model not only ensures that the widow receives a fair share, but also strengthens the position of women in inheritance issues for the welfare of her family.

Sistem Pembagian Waris Patrilinealpada Masyarakat Adat Lampung dalam Perspektif Maslahah

This article is the result of research on the various customs of the Lampung people, where Indonesia is a pluralistic society that adheres to various ethnic groups, religions and beliefs, and comes from diverse indigenous peoples. These differences are shown in human daily activities in their social interactions in society. , from the human being is born until he dies. Customary law is born from a behavior that is continuously carried out in which there is a certain pattern that its existence is maintained so that it becomes a habit and is recognized by the community groups in it as a tradition called adat. Likewise, the Lampung Community, which is also one of the indigenous peoples in Indonesia, which is plural in nature with a variety of language dialects, customs, and diverse lifestyles. This diversity then gave birth to a diverse culture as well. More specifically, this article discusses how the distribution of patrilineal inheritance in the Lampung Indigenous community when viewed from the perspective of Maslahah. If the distribution of traditional inheritance in Lampung is applied standardly, then the inheritance rights completely fall to the eldest son by overriding the rights of the daughter to get her inheritance rights. Meanwhile, Islam highly upholds women's rights, including in terms of inheritance distribution. To answer the problems that arise related to this, this study uses a qualitative descriptive method. then this is not in accordance with the principle of benefit, so that it does not reflect a balanced sense of justice as the Word of Allah SWT which is explained in the Qur'an about several provisions of inheritance law for the benefit of mankind, both men and women.

ANALOGY AND HARMONY: AN ANALYSIS OF THE RIGHTS AND OBLIGATIONS OF ADOPTED CHILDREN IN THE DISTRIBUTION OF INHERITANCE FROM THE PERSPECTIVE OF ISLAM AND CHRISTIANITY

This study examines an important comparative legal and religious issue regarding the rights of adopted children in inheritance distribution from Islamic and Christian perspectives. While the abstract summarises key findings, there is a risk of oversimplifying the complexities of religious doctrines and national legal systems governing inheritance laws. Although adopted children's rights are limited in Islamic law, the possibility of making a will can mitigate these restrictions; however, additional nuances arise from various schools of thought and interpretations that influence the scope of inheritance. Conversely, the Christian perspective is often generalised as uniformly granting equal rights to adopted children, which may only hold across some Christian denominations or legal systems influenced by Christian principles. The abstract would benefit from a more detailed analysis of internal variations within each religion and consideration of how different national laws operationalise religious principles. Furthermore, the notion of "harmony" between these two religious traditions in addressing justice for adopted children may be overstated, as the theological foundations guiding inheritance distribution differ fundamentally. A more critical engagement with potential conflicts or limitations in achieving harmonious legal frameworks would add depth to the analysis.

Estate planning for art collections—a German perspective

Abstract Under German law, artworks are highly attractive assets when it comes to estate planning for various reasons: First, the valuation method to be used is favourable, secondly, if applicable, payment of taxes with artworks instead of cash can ease liquidity issues, and thirdly, donations to public-benefit organizations can significantly reduce tax liabilities. Last but not least, artworks in private collections may be eligible for tax exemptions of either 60% or 100%. In the course of such estate planning in relation to artworks, it is important to consider certain provisions of inheritance law to avoid disputes among the future heirs and, if the testator wishes so, to protect the integrity of the art collection.

PENINGKATAN PEMAHAMAN PEMBAGIAN HAK MEWARISI BAGI GENERASI MUDA DI KELURAHAN LIBUO KABUPATEN POHUWATO

The division of inheritance that is not in accordance with the amount and object of inheritance in accordance with inheritance law is also caused by the heirs, who in fact are the younger generation, not knowing the inheritance distribution mechanism in accordance with the actual inheritance law system. Therefore, this service is carried out in the form of an initial survey of inheritance rights issues for youth groups, legal counseling on the distribution of inheritance rights for the younger generation, and the making of an easy-to-use and easy-to-understand inheritance division pocket book with current models and language. The results of the service by hacking a product in the form of a pocket book for the community in general and the younger generation in particular in Buhu Jaya village provide benefits for the village with the understanding possessed by the younger generation of inheritance rights, it will create a community environment that is far from disputes and creates a sense of security and comfort among fellow community members.

Cancellation of Wills in Civil Inheritance Law: Conditionsand Legal Effects

This study aims to analyze the conditions and legal consequences of the cancellation of wills in civil inheritance law. In inheritance law, a will is an instrument that gives the heirs the freedom to determine the division of wealth as they wish. However, the cancellation of a will often occurs due to changes in the condition or wishes of the heir before he dies. This study uses normative juridical methods, with an approach to laws and regulations and literature studies to examine juridical aspects related to the cancellation of wills, conditions that must be met, and legal implications for heirs. The results of the study show that the annulment of a valid will must meet certain formal requirements, such as being carried out by heirs who have legal capacity and are in good mental health. Cancellation that is not in accordance with the procedure can result in legal uncertainty and disputes among the heirs, as a will that was previously considered invalid can be considered valid again. The legal consequences of this annulment of a will include changes in the distribution of inherited property, which can be done under general inheritance law if there is no new valid will. This study highlights the importance of procedural clarity and legal education so that heirs and heirs understand the impact of the act of annulment.

Unveiling the Intellectual and Spiritual Endeavours of Muslim Women in Ibn ‘Asakir’s Tarikh Madinah Dimashq

This article explores the rich intellectual legacy of Muslim women, as documented in Ibn ‘Asakir's renowned work Tarikh Madinah Dimashq to uncover their multifaceted contributions across diverse domains of scholarship. This study employs content analysis method to investigate biographical entries of Muslim women with a specific focus on Volume 80, which centres on Tarajim al-Nisa’. The study focuses on women's essential role in shaping the intellectual legacy, as well as their significant contributions to the intellectual endeavours, which encompassed the study of Quran, hadith transmission, Islamic jurisprudence, Islamic inheritance law, grammar, and others. Their scholarly activities extended beyond transcribing texts, thus depicting a broad range of their intellectual pursuits. Historical narratives illustrated Muslim women's intellectual journeys, which were often undertaken alongside male family members, highlighting their empowering commitment to knowledge and learning. The history of family-based learning had been emphasized in the Islamic intellectual legacy, with private households functioning as important educational institutions for women. The discussion within Tarikh Ibn Asakir also included prominent women who were actively involved in sufi teachings and practices. Finally, this paper sheds light on Muslim women's profound intellectual endeavours mentioned in Tarikh Madinah Dimashq, highlighting their significant role in moulding the Muslim world's scholarly environment throughout history. It emphasized the Islamic tradition's long-standing devotion to knowledge and education, which includes women's vital contributions.

Patriarcapitalism? Towards an Intertwined History of Inheritance law and Capitalism from the Middle Ages to the Industrial Revolution (c. 1350–1850)

Abstract This article examines the patriarchal nature of inheritance law in late medieval and early modern England, the existence of an aristocratic offensive in the field of law against women’s inheritance rights between the 14th and the 18th century, and the relation between this offensive and the rise of agrarian capitalism. It then investigates the favorable effects of this legal legacy on the accumulation and concentration of the means of agrarian, coal and industrial commodity production in the hands of a minority of male aristocrats and bourgeois who played a significant role in the making of the Industrial Revolution.

LEGAL NATURE OF SINGLE CASH AID IN THE CASE OF THE DEATH OF A MILITARY SERVANT

The article is devoted to the clarification of the legal nature of one-time monetary assistance in the event of the death of a serviceman, as well as the corresponding personal order regarding this assistance in the event of his death. It is a well-founded position that such assistance is not an element of the composition of the inheritance, taking into account its specific features. Thus, unlike the heirs, recipients of the aid under investigation do not acquire the duties of a deceased serviceman and are not required to notify creditors of the latter’s death. In addition, the right to receive a one-time cash benefit in the event of the death of a serviceman is exercised within three years from the date of the emergence of such a right, which is related to the date specified in the person’s death certificate. Recipients of one-time cash assistance do not coincide with the circle of heirs according to the law of the first order. It is emphasized that the terminology of inheritance law does not apply to such assistance. In particular, persons who are entitled to receive a one-time cash benefit are not named as heirs, the time of the death or death of a serviceman is not indicated as the time of the opening of the inheritance, etc. The right to receive the researched assistance arises as a result of the person’s death, which makes inheritance impossible in this case. The essence of universal legal succession is the transfer of rights and obligations from the testator to his heirs. It is emphasized that the one-time monetary assistance in the event of the death of a serviceman has a compensatory nature, which is aimed at materially supporting family members (parents, children, spouse) and dependents of a deceased serviceman after the loss of a loved one. A military serviceman’s personal order to pay a one-time cash benefit to a certain person in the event of his death (death) is not a type of will. In its essence, this personal order is close to the order of a depositor of a bank (financial institution) in the event of his death, which is defined in Part 1 of Art. 1228 of the Civil Code of Ukraine.

Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law

This research aimed to examine the practice of postponing inheritance distribution for Minangkabau migrant inheritors from Islamic law’s perspective and identify the contributing factors. The research employed a mixed-methods approach, combining field research and normative legal analysis. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that postponing inheritance distribution contradicts the principles of Islamic law, which mandates that the division be carried out promptly after the testator’s death using fara’id. This delay is influenced by economic factors, customary practices that grant women a dominant role in inheritance and prioritize the preservation of high-level heirloom treasures, and the distance separating migrant inheritors from their hometowns. Nevertheless, some scholars permit postponement if it is based on considerations of family welfare, while others reject it by referring to the ijbari principle. Therefore, it is recommended that the government, Islamic scholars, Minangkabau indigenous people, and Muslim migrant inheritors enhance their understanding and awareness of Islamic inheritance law and play an active role in preventing and resolving the issue of postponed inheritance distribution, as preventing inheritors from their inheritance rights is unlawful (haram) and a major sin.

Pengaruh Hukum Adat Batak Sebagai Sumber dalam Hukum Waris di Indonesia

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.

Implementation of Islamic Inheritance Law: Study of History, Law and Its Principles

Islamic inheritance plays a pivotal role in Islamic teachings, holding significant importance. Within certain Muslim societies, conflicts often emerge among heirs regarding the distribution of inheritance. Consequently, it becomes imperative for the Muslim community to comprehend the intricacies of inheritance in Islam. This study conducts a literature review to delve into the subject matter. The authors gather data through a comprehensive search of various books, articles, and scholarly works. The findings of the study elucidate the extensive historical practice of Islamic inheritance, dating back to pre-Islamic times and the revelation of the Qur'an. In the practical implementation of Islamic inheritance, it becomes essential to understand the legal framework, principles, and related aspects such as pillars, conditions, causes, and barriers.

Implementation of Islamic Inheritance Law: Study of History, Law and Its Principles

The imposition of late payment penalties in Islamic pawnshops at the initial stage of the contract has sparked debate. This study examines the implications of such penalties on the principles of justice, customers, funders, and Islamic financial institutions. Literature study and fatwa review are the basis of the discussion. The results show that fines that are not agreed upon at the beginning of the contract have the potential to cause legal and sharia uncertainty, and open up opportunities for abuse of authority. The negative impact is a decrease in customer trust and tarnishing the reputation of Islamic financial institutions. The proposed solutions are the inclusion of a clear amount of fines in the contract, the involvement of the Sharia Supervisory Board, customer education, and the establishment of industry standards. The application of fair fines can be in the form of tiered fines, adjusted to the customer's ability, and accompanied by alternative fine options. Transparency and accountability of Islamic financial institutions are key to the sustainability of a fair and sharia-compliant Islamic pawnshop system.

Contributions of Ottoman Fatwā Collections to Inheritance Law: An Analysis of Legal Opinions by the 16th-Century Chief Muftīs

Abstract This article investigates the contributions of Ottoman fatwā collections to inheritance law, focusing on the 16th-century chief muftīs’ fatāwā. It emphasizes the significance of fatawa in understanding Ottoman inheritance law and explores various aspects of the division of estate, highlighting the socio-legal dynamics and the use of fatawa by individuals seeking legal advice. Within this framework, it examines why individuals preferred obtaining fatawa from chief muftīs for the division of the estate over other options. The methodology of this study involved a comprehensive analysis of fatwā collections from 16th-century Ottoman chief muftīs, focusing on categorizing and interpreting these fatawa to understand their impact on inheritance law. The study reveals that economic considerations, complex family structures, mathematical issues in estate division, and specific legal situations significantly influenced individuals’ preference for seeking fatāwā. Through analyzing fatwā collections, the study uncovers economic motivations behind this preference, revealing how fatāwā offered a cost-effective solution for heirs, alongside addressing specific legal challenges like ‘awl and munāsakha.

Akibat Hukum Adopsi terhadap Waris Menurut Kompilasi Hukum Islam

Children are the fruit of love that every married couple dreams of, but many couples experience challenges in having children. For many husbands and couples who have been married for a long time but have not been blessed with a child, adoption is the best alternative. However, many problems arise as a result of this implementation; One of the roots of the problem is that many people still do not know about the adoption process, how inheritance is distributed to adopted children, or how the rights of adopted children comply with the general description of Islamic inheritance law. Many problems occur in society because many people do not know about the rights of adopted children or how to submit a formal claim so that their rights are recognized by the state. In the Compilation of Islamic Law, it is stated that a child's lineage must be carried out by his adoptive parents when he marries and inherits. As a result, adopted children have difficulty understanding their legal position. This research uses normative jurisprudence, namely library research using existing books and references. The solution to problems involving adopted children and adoptive parents is for adoptive parents to understand the legal laws and children's rights as stated in the Compilation of Islamic Law which states that adopted children have the same rights as biological children, including knowing their life history, parents his birth, and the religion of his biological parents and that he was adopted by his adoptive parents.

Overcoming Learning Barriers in Faraid Education for Improved Student Outcomes

General Background: Pondok Pesantren (Islamic boarding schools) are vital for character and knowledge development in Indonesia, especially in the study of faraid (Islamic inheritance law). Specific Background: At Wali Barokah Islamic Boarding School in Kediri City, students face obstacles such as ineffective teaching methods, limited resources, and challenges in understanding Arabic texts. Knowledge Gap: Existing research has not thoroughly analyzed these specific barriers and their impact on learning outcomes. Aims: This study identifies the obstacles faced in faraid education and offers strategic recommendations for improvement. Results: Using qualitative methods, the research reveals that methodological issues, insufficient materials, and rigid teaching styles significantly hinder student understanding and motivation. Novelty: This study provides a comprehensive analysis of the barriers affecting faraid learning. Implications: It highlights the need for adaptive teaching methods and improved resources to enhance student engagement and comprehension, ultimately fostering competent graduates in accordance with Islamic law. Highlights: Ineffective Teaching Methods: Predominantly traditional approaches lead to student disengagement and reduced comprehension. Language Challenges: Difficulties in understanding Arabic texts hinder students' ability to grasp complex concepts in faraid. Resource Limitations: Insufficient learning materials negatively impact the applicability and relevance of the knowledge acquired by students. Keywords: Faraid Knowledge, Islamic Boarding School, Learning Obstacles, Teaching Methods, Student Motivation