Inheritance Law Research Articles

Inheritance Rights of Stepchildren in the Perspective of Compilation of Islamic Law

The presence of a stepchild in a marriage requires a certainty of legal rights for inheritance and bequest division given by parents because of the difference status of stepchild with biological children, the purpose of this journal is to determine the rights of a stepchild in the division of inheritance and bequest division that can be obtained from their parents, especially in terms of the islamic law of inheritance. Method used is normative law research by approaching to reviewing and analyzing the law and positive regulations. The conclusion of this journal is that stepchild is not an heir in the family but reserves the right to inherit by way of will or bequest.

Analysis of Legal Position Due To Sex Change: A Comparison Of Indonesian Civil Law With Islamic Law

The legal position of transgender people who have performed gender reassignment surgery is very important to be able to have a clear identity and legal certainty of law, so in this study we will see how the legal position of a transgender person who has performed a gender reassignment surgery is and to find out what the legal consequences are for someone. who have had sex reassignment surgery.The results of the study indicate that (1) the legal position of a person who has carried out a sex change operation according to civil law can change according to his gender after carrying out a sex change operation if he has received a determination from the court, while in Islamic law the legal position of a person who has made a change the same sex, does not change, remains in accordance with the original sex before the sex reassignment surgery even though it has received court approval. (2) The legal consequences for someone who has done a sex change is a change in the legal status in the civil inheritance law, whereas in Islam if the person has a normal sex then in the distribution of inheritance he follows the initial gender before the operation and the legal consequences for someone who does the change gender, if the marriage is carried out, then the marriage is considered invalid, because marriages that are considered valid are marriages carried out based on religious teachings, as stated in Article 2 paragraph (1) of the Marriage Law. Unless the person changes gender for perfection, then he is determined as the heir following his gender after the operation and the marriage he does is considered valid in the eyes of Religion and the State.It is recommended that the government can make a draft law that regulates this change in sex change (transsexual) because there is no law that regulates this issue. And to society, do not isolate and look down on people who change gender.

Web Based Expert System in Area & Land Value Calculation and Faraid Distribution

E-FaraidTanah is a web-based expert system that can help Muslims better understand Islamic Inheritance Law and calculates land distribution based on Faraid law. The main goal of this project is to develop the E-FaraidTanah prototype and to evaluate the user satisfaction. The methodology use throughout this project is an iterative and incremental model which offers the advantage of allowing the project improvement in a step-by-step basis. Hence, it is much easier to control risk and track errors at an early stage. E-FaraidTanah has been analyze based on usability testing through an online survey involving Muslim university students that measures percentages. Findings indicate that 82% of 30 respondents agreed that E-FaraidTanah performed well in terms of efficacy and efficiency. Thus, it is beneficial to assist society awareness on how Faraid property is divided and calculated.

Legal Entity in Ancient Rome (Concept Formation)

The study examines the formation of the concept of a person in ancient Rome. In this regard, it considers the conditions under which it becomes possible to consider property relations regulated by private law within the framework of the public power structure. This happened because of the possible associations of education that have separate property and received the right to participate independently in civil circulation. Subsequently, the practice of creating legal entities was developed by the creation of corporations as part of united individuals. A necessary condition for the existence of such subjects was the solution of the issues of formation and manifestation of their will in the process of committing legal actions with the participation of third parties. In accordance with this, the process of empowering newly created subjects with the rights to participate in various spheres of public life is shown: property law, law of obligations, inheritance and other legal relations.

The essence of the inheritance division agreement and its place in the system of civil law contracts

The article reveals the essence of the contract for division of inheritance through a set of its defining features: 1) it is concluded after the expiry of the period for acceptance of the inheritance, but before the heirs receive a certificate of inheritance; 2) the parties are the heirs who have accepted the inheritance in the manner and within the time limits specified by civil law; 3) it has a much smaller, auxiliary value compared to the role of a civil law contract, as it generates legal consequences in conjunction with other legal facts; 4) in the presence of a nasciturus, the contract may be concluded only after the birth of a child; 5) the division of the inheritance is carried out taking into account the preemptive right of individual heirs to receive inheritance property in kind.
 An inheritance division agreement belongs to the group of agreements in the field of inheritance law, and its subject matter is inheritance as an object of civil rights. The legal document for inheritance is not the agreement on the division of inheritance, but the certificate of the right to inheritance, issued by a notary for the execution of this agreement.
 Based on the legislative construction of Art. 1278 of the Civil Code of Ukraine it has been stated that the method of dividing the inheritance is the allocation of a share in kind, as a result of which the ideal share in the inheritance turns into a real one. The agreement on the division of the inheritance can be concluded by the heirs regardless of the type of inheritance, in particular, by will or by law.
 The contract under study may contain a condition for changing the size of the inheritance shares. However, the heirs cannot change the size of their shares in the inheritance if the testator personally set them in the will. In the presence of a will, priority should be given to the will of the testator, which cannot be changed by the heirs. Otherwise, the principle of freedom of will be violated. It is no coincidence that Art. 1267 of the Civil Code of Ukraine, which determines the change in the size of shares in the inheritance, is structurally placed in Chapter 86 “Inheritance by law”.

DECONSTRUCTION TOWARDS ISLAMIC INHERITANCE LAW IN INDONESIA (A Brief Study on Hazairin’s Bilateral Inheritance Idea)

<p align="center"><strong>Abstraction</strong></p><p align="center"><strong> </strong></p><p>Islamic law, especially its socio-cultural realm, has been changing accorded to the local necessities since the very beginning. Umar ibn Khattab, the second successor of Prophet Muhammad peace be upon him, even had ever decided a different jurisprudence to the taken for granted regulations of <em>Hudud</em> at stealing case which was done by his settler. This case has tried to show us that Islamic law deeply prioritized to the justice delivery to the human being. Similar to that case, the Islamic inheritance law has undergone the same situation, even, since the Dutch colonial government. Later on, based on justice delivery consideration which is the inner side of Islamic teaching, some outstanding experts on law such as Hazairin and Munawir Syadzali began to question that matter. This short writing elaborates Hazairin’s deconstructive and controversial idea of Islamic bilateral inheritance and at the same time points out his reliable arguments and methods related to his controversial idea.</p>

GENEALOGI DAN PRODUK PEMBAHARUAN HUKUM WARIS TURKI

This article discusses genealogy and products of inheritance law renewal in Turkiye. The focus of this research is genealogically how inheritance law was born in Turkiye and what are the products of inheritance law reform in Turkiye. In this study, researchers used literature studies whose data sources came from related books and journals. This study concludes that the geneology of inheritance law renewal in Turkiye broadly began when the Turkiye state was founded and led by Mustofa Kemal as the first leader, where Ankara was the capital. This had an impact on the Turkiye country which carried out many major reforms influenced by the West, such as the prohibition of polygamy, giving freedom to women and upholding equality for them, including in the field of inheritance, where men and women get one to one. Then the inheritance law products imposed by the Turkiye state were included in the Turkish Civil Code. The amendment was approved by the Turkiye National Assembly on November 27, 2001 and socialized through the Turkiye Daily Newspaper on December 8, 2001. The amendment contains 1030 articles, one of which relates to inheritance law in Turkiye, where inheritance distribution is enforced in the Turkiye inheritance law regulations only applies to nuclear families who can receive inheritance. Meanwhile, relatives outside the nuclear family cannot become heirs unless the nuclear relatives also take care of the heirs, so that they receive a share of the inheritance. Then in inheritance law there is no difference between the rights, position and degrees of men and women because both are considered the same, so there is no difference in obtaining a share of the inheritance.

STUDY OF BALINESE CUSTOMARY LAW ON INHERITANCE RIGHTS OF CHILDREN FROM INTERFAITH MARRIAGES

STUDY OF BALINESE CUSTOMARY LAW ON INHERITANCE RIGHTS OF CHILDREN FROM INTERFAITH MARRIAGES

DISTRIBUTION OF INHERITANCE BASED ON INHERITANCE LAWS THAT APPLY IN INDONESIA A STUDY OF THE EXISTENCE OF A SUBSTITUTE INHERITANCE (PLAATSVERVULLING)

Abstract 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.

SCIENTIFIC SOCIALISM IN THE INHERITANCE LAW IN SOMALIA

This paper discusses the influence of scientific socialism ideology on Islamic inheritance law in Somalia which is regulated in The Family Code 1975. This paper begins with a discussion of scientific socialism as a state ideology, then its influence on Islamic family law in Somalia and the application of scientific socialism ideology in inheritance law. The method used is descriptive with a theoretical approach that is explored through information media. The results of this study indicate that the deviation of family law regulations in Somalia from what is described in the Qur'an begins based on the concept of a state of scientific socialism that they apply. The purpose of implementing the ideology of scientific socialism in Somalia was to shift rigid customary rules and as a form of political cooperation with the Soviet Union. As a result, the application of the rules of family law has changed, especially in terms of inheritance. For example, there is no difference in the share of inheritance between husband and wife, sons and daughters, grandfather and grandmother, father and mother, even siblings, and half-siblings.

PECULIARITIES OF LEGAL REGULATION OF INHERITANCE RELATIONS IN FOREIGN LAW

The article examines the peculiarities of inheritance law in a number of foreign countries. The author characterizes such institutions as institutions of inheritance acceptance, inheritance contract, inheritance by will, inheritance by law, inheritance acceptance.

JURIDICAL REVIEW IN DETERMINING THE HEIR AND THE AMOUNT OF EACH SHARE BASED ON THE WESTERN INHERITANCE LEGAL SYSTEM

Inheritance law is currently a question that is widely questioned among the public, considering that there are still many people who do not realize the importance of inheritance law or may not know and understand how inheritance issues must be resolved. Not infrequently when heirs have to share inheritance, disputes arise that don't need to happen, if each party can realize and understand the applicable inheritance law. Starting from the background above, the author is interested in raising inheritance law, especially related to western inheritance law. the question of how to determine the heirs and how to determine the share/potie of each of the heirs. The western inheritance law system regulates how to determine heirs either based on blood relations or because of a will, but given the breadth of inheritance issues, in this paper, the author limits the determination and share of each heir, when the heir does not leave a will.

Gender Equality in Islamic Inheritance Law: Rereading Muhammad Shahrur’s Thought

This article shows that the spirit of Islamic inheritance law is justice focusing on the sociological and gender roles of a man and woman in the accumulation of property on their gender role. The difference in the portion of legacy is not determined by sex. Shahrur’s gender responsive-reading of inheritance law text cannot be separated from its historical root and is always discussed with the current social context. Legacy distribution is based on female heirs’ position, while men’s portion adapts to the existence of female heirs, besides the kinship factor. Shahrur’s idea with the theory of hudud is offered to be an alternative model of Indonesian inheritance law reform.

Impossibility results about inheritance and order of death.

If several relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, there are three approaches to determine the inheritance result in this simultaneous death situation: apply an inheritance method that is not affected by the order of death; artificially assign the order of death; stipulate that persons with unknown orders do not inherit each other. The last approach is adopted by the current French Civil Code (denoted as the French Approach). We prove that under some basic requirements, the French Approach is the only valid solution to the order of death problem. Therefore, the inheritance law of a country that does not adopt the French Approach either has unsolvable inheritance problems or violates basic requirements. In the appendix, we study the existence and uniqueness of inheritance methods that are invariant for different orders of death and only violate one requirement, such as gender equality.

Inheritance rights of transgender persons in India

ABSTRACT This paper studies the inheritance rights of transgender persons in India. It examines the legal framework for inheritance and provides an overview of all court decisions between 1950 and 2021 that mention the term transgender (and its analogous terms, i.e., aravani, kinner, etc.). Though the Indian Constitution bars discrimination based on sex or gender, inheritance laws do not envisage transgender persons or a change in gender identity. They are based on a binary notion of gender. individuals must choose between conforming to their assigned gender or not availing their rights. Moreover, successors are often difficult to identify as individuals may lack documentation, could not marry, or cannot prove adoption. While courts attempt to address these challenges, they leave it to their subjective satisfaction on when to secure the rights of transgender persons. These are important issues that must be addressed through changes in the law.

Kedudukan Perempuan dalam Hukum Waris Masyarakat Adat Karo

The purpose of this study was to determine and analyze the position of women in the inheritance law of the Karo indigenous people. The research method used in this research is normative juridical research by conducting literature studies and field studies by conducting interviews with traditional stakeholders in Karo Regency. The result of this research is that the position of women in the inheritance law of the Karo community has its own rules. Karo customary inheritance rights are contained in the provisions of the MA-RI Jurisprudence No. 179/K/SIP/1961 which stipulates that the equal rights of men and women have created pros and cons among the Karo adat community. The position of women in the kinship system in Lingga Village is twofold, namely the position as a child and the position as a wife. The position as children is that girls are not the next generation of the family because they are considered temporary, this is because at one time the position of women in Karo customary inheritance rights is carried out in several ways, including giving affection (Pemere Keleng Ate), the rule of law concerning inheritance (Peradaten Kerna). Erta Tading-Tadingen) and provide educational facilities. The form of property given is in the form of trinkets and land/rice fields.

PERBANDINGAN PENGATURAN KEDUDUKAN WARIS WARGANEGARA ASING DI INDONESIA DENGAN TURKI

In developing legal and policy reforms in Indonesia through comparing existing laws in Indonesia with existing laws in other countries. This research focuses on comparing the arrangements for the inheritance position of foreign in Indonesia and in Turkey, main problem are what are the similarities and differences in inheritance arrangements in Indonesia and in Turkey and what is the position of the heirs of foreign citizens in cases in Indonesia and in Turkey based on Civil Code and TMK and MÖHUK. This research method is normative in the form of legal comparisons to obtain similarities and differences in regulations, while the nature of the research is descriptive and conclusions are drawn deductively. The results of the research and discussion are that there are differences and similarities regarding inheritance law in Indonesia which is pluralistic and inheritance law in Turkey which is unification. The conclusion is that both of them do not see a difference regarding nationality between the heir and his heirs and in resolving the cases in Indonesia and Turkey, both give the same inheritance rights to the heirs of foreign with the same shares as the heirs of the heirs' national citizens

Mysterious long noncoding RNAs and their relationships to human disease.

Increasingly studies have shown that the formation mechanism of many human diseases is very complex, which is determined by environmental factors and genetic factors rather than fully following Mendel's genetic law of inheritance. Long non-coding RNA (lncRNA) is a class of endogenous non-protein coding RNA with a length greater than 200nt, which has attracted much attention in recent years. Studies have shown that lncRNAs have a wide range of biological functions, such as roles in gene imprinting, cell cycle progression, apoptosis, senescence, cell differentiation, and stress responses, and that they regulate the life processes of mammals at various levels, such as epigenetic transcription, processing, modification, transport, translation and degradation. Analyzing the characteristics of lncRNAs and revealing their internal roles can not only deepen our understanding of human physiological and pathological processes, but also provide new ideas and solutions for the diagnosis, prevention and treatment of some diseases. This article mainly reviews the biological characteristics of lncRNAs and their relationship with some diseases, so as to provide references for the related research of lncRNAs.

Estimation of intrafamilial DNA contamination in family trio genome sequencing using deviation from Mendelian inheritance.

With the increasing number of sequencing projects involving families, quality control tools optimized for family genome sequencing are needed. However, accurately quantifying contamination in a DNA mixture is particularly difficult when genetically related family members are the sources. We developed TrioMix, a maximum likelihood estimation (MLE) framework based on Mendel's law of inheritance, to quantify DNA mixture between family members in genome sequencing data of parent-offspring trios. TrioMix can accurately deconvolute any intrafamilial DNA contamination, including parent-offspring, sibling-sibling, parent-parent, and even multiple familial sources. In addition, TrioMix can be applied to detect genomic abnormalities that deviate from Mendelian inheritance patterns, such as uniparental disomy (UPD) and chimerism. A genome-wide depth and variant allele frequency plot generated by TrioMix facilitates tracing the origin of Mendelian inheritance deviations. We showed that TrioMix could accurately deconvolute genomes in both simulated and real data sets.

Sistem Pembagian Waris Menurut Adat Bugis dalam Perspektif Hukum Islam di Kecamatan Banyuasin II Kabupaten Banyuasin

The implementation of the division of inheritance according to bugis customary law in Banyuasin II district, Banyuasin regency. The Bugis people are adherents of the inheritance system drawing the lineage of the Father (Patrilinial). The implementation of the division of heirs in the Bugis community is carried out first by the deliberation of the heirs, in the form of family deliberations carried out by the heirs. The deliberation of the consensus occurred due to the presence of an aged heir (the eldest son) or the existence of family harmony among the heirs. Judging from the perspective of Islamic inheritance law, there are many similarities, but nevertheless it is inseparable from the differences between these two inheritance law systems. The problem in this study is to study and examine the division of inheritance according to Bugis customs in the Perspective of Islamic law? This study uses normative research by using secondary data as the main data and supported by primary data as additional data and does not intend to test hypotheses. The process of dividing bugis customary inheritance in Banyuasin Regency, does not know how to calculate mathematics, as Islamic inheritance law distributes certain parts to the heirs according to their respective positions but is always based on consideration of the results of deliberations, appropriateness, harmony considering the form of objects and the provisions of the applicable inheritance law. The division of inheritance in bugis society of boys gets more shares than the amount obtained by girls.