Inheritance Law Research Articles

TAKHARUJ; SOLUSI SYAR’I PEMBAGIAN WARIS SECARA DAMAI

Inheritance law is the law that regulates the transfer of inheritance rights (tirkah) of heirs, determining who has the right to be an heir. Inheritance is basically a sharia whose legal provisions are manshus (determined directly by al-Shari' in the Koran). However, the reality in Indonesian Muslim society in particular is that, for whatever reason, inheritance law is rarely used. The majority of Indonesian Muslim communities tend to divide inheritance assets equally between heirs. At this level, there needs to be a bridge between the provisions of the text and inheritance practices in society. Efforts are needed so that, even if only in writing, the tirkah as the deceased's inheritance is distributed according to the rules of Islamic law. According to the author, the concept of takharuj has the urgency to play a role as a bridge between the practical realm of dividing inheritance equally but still prioritizing the rules for dividing inheritance based on sharia. Takharuj is peace between the heirs with the condition that some of them are willing to give up their share of the inheritance in exchange for certain things from the inheritance or other things, by first dividing the tirkah into fardh (definite portion), then the share/quota of the person who leaves is thrown away. /discarded from the origin of the problem or aul in exchange for disposing of or reducing the takharuj portion of the tirkah

REFORMULASI KEDUDUKAN JANDA CERAI MATI DALAM HUKUM WARIS ADAT BATAK PERSPEKTIF GENDER

The Toba Batak Community's customary law is one of the customary laws that is still alive with a kinship system that follows the father's lineage (patrilineal) which differentiates the position of sons and daughters. This research uses empirical methods. The results of the research explain that the position of widows and daughters in the Toba Batak tribe according to customary law is not as heirs, but based on the Supreme Court decision no. 179K/Sip/1961 Dated 23-10-1961 based on a sense of humanity and general justice, as well as on the nature of equal rights between women and men, the equal position between men and women can be seen in Presidential Instruction No. 9 of 2000 concerning Gender Mainstreaming in National Development. The Position of Divorced Widows in Batak Customary Inheritance Law. Gender Perspective. In the patrilineal kinship system adopted by Batak society, men are placed in a higher position. Societies that adhere to a partial kinship system of women have a very low position, so it is necessary to reformulate the position of women in the field of customary law, by establishing a national customary law of inheritance that is bilateral in nature

Налогово-правовые последствия совместных завещаний

The article contains a critical analysis of the key amendment into the inheritance law — the institution of joint will of spouses. Alternatives to the existing regulation in Russia in this sphere are considered from the historical and comparative point of view. The author identifies strengths and weaknesses of current regulation, focuses on dogmatic and practical problems and contradictions. The article attempts to develop proposals on leveling the shortcomings of regulation of the institution of joint will with the involvement of tax and civil-legal instruments.

The Hijriyah Calendar Perspective Islamic Law: What and How?

<em>In various countries with a Muslim majority population, the use of the Hijri calendar in Islamic law has significant implications. This calendar affects legal practices such as the determination of the start of Ramadan, family law, prayer times, and religious celebrations. However, there are differing opinions and challenges in harmonizing Islamic legal provisions based on the Hijri calendar with national positive law. The purpose of this research is to identify the significance of using the Hijri calendar in the context of Islamic law and to understand how its use adapts to changes in time and globalization. The research method used is normative legal research with a legislative approach and the analysis of legal documents and legal literature to identify the use of the Hijri calendar in Islamic law. The data analysis technique used is a qualitative approach to answer research questions about the contribution of the Hijri calendar to Islamic law and its adaptation to changes in time and globalization. The results of the research show that the use of the Hijri calendar in Islamic law has significant impacts, including the determination of the start of Ramadan, influence on inheritance law, determination of prayer times, and commercial transactions. Furthermore, the Hijri calendar reflects the religious and cultural values in Muslim society, although there are challenges regarding the recognition of Islamic law in different legal contexts. This research highlights the importance of a thorough understanding of the use of the Hijri calendar in Islamic law. Additionally, the adaptation of the Hijri calendar to changes in time and globalization involves changes in determining the start of Ramadan, its use in civil law, adjustment to time zones, its role in international agreements, and dealing with conflicts with the Gregorian calendar</em>

Inheritance Rights of Extramarital-Children after the Constitutional Court Decision of 2010

Extramarital-children refer to children who are born outside the marriage. The position extramarital-children are legally vulnerable and therefore needs attention. The Constitutional Court Decision No. 46/PUU- VIII/2010 recognizes the legal status of extramarital children against their biological fathers as long as their genetic relationship can be proven by way of DNA testing and supported with other evidence. This study aims to examine the inheritance right of the extramarital-children, especially after the issuance of the mentioned Constitutional Court Decision. This normative legal research employs statutory, case and comparative approaches. Although the focus of this study is more on the legal development in Indonesia, however, this paper also provides a comparative analysis with some other countries, especially with regard to the utilization of the DNA Testing for legal purposes. The results show that the Constitutional Court Decision No. 46/PUU-VII/2020 does not address the inheritance right of extramarital-children and therefore they cannot inherit each other from their biological fathers. In regard to inheritance, this issue will be referred to the existing law of inheritance.

Comparison of the Legal Position of Substitute Heirs Based on Islamic Inheritance Law and Inheritance Law According to the Civil Code

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 evolution of inheritance law and its relationship to family law and the law of obligations: Soviet and contemporary perspectives

In different historical periods, inheritance law was considered to be an institute of various branches of legislation. Some approaches referred to it as social security law or family law; over time, inheritance law started to be examined in the context of civil law relationships. The inheritance institute, one of the oldest in civil law, is very conservative and changes extremely slowly; however, it should correspond to specific economic relations. Inheritance law is inextricably linked to national traditions and peculiarities, which should be recognized as critical to understanding this branch of law and its development in Russia. Moreover, the study of inheritance law is impossible without understanding the neighboring civil law institutions, such as various legal dispositions of inheritance in the future, as well as the institution of lifetime maintenance, which has a long history of enforcement in Russia. The article addresses two grounds of succession: a) succession by law, where the property passes to the people named in the law, and b) succession by will, where the deceased person names his or her heirs in a unique document called a will.

Hukum Waris Adat pada Masyarakat Muslim Suku Kaili Perspektif Hukum Waris Islam

This article aims to determine the system used in applying inheritance distribution according to the Muslim community of the Kaili Tribe in West Palu District, as well as to analyze the Kaili Tribe's customary inheritance law in inheritance distribution application and to look at the review from the perspective of Islamic inheritance law. This study employs a qualitative approach and data collection through field research, specifically using primary data resulting from interviews or observations and secondary data in the form of citations, journals, papers, theses, articles, and literature relating to related issues, with the goal of underpinning the theoretical foundation of writing this article. According to the findings of this study, the majority of inheritance distribution to Muslim communities in West Palu District is done by deliberation and consensus using customary inheritance law. Meanwhile, asset distribution is mandated and must occur before or after the testator's death. This is directly related to Islamic inheritance law, which requires inheritance to be distributed to heirs. The determination of heirs in Kaili customary law is still being reviewed from a kinship standpoint. Children, parents, mawali (posambei), widows or widowers who have lived the longest are the primary heirs. This is antithetical to Islamic law's determination of heir distribution.

HEREDITARY LEGAL RELATIONS AND TOPICAL ISSUES OF THE DIGITAL NOTARY

This article reveals the features and some topical issues on the introduction of a digital notary into inheritance law in general, and directly into the regulation of inheritance relations. With the beginning of the transition to digitalization in 2019, the possibilities of using modern technologies and developments, digital and technical means, new computer programs have become relevant for notarial practice as well. The corresponding changes have become an important stage in the development of electronic notaries within the framework of the National Program “Digital Economy”, since until 2019 the notary system was a “relic of the past” and obviously required a “new sip”. The article analyzes the “digital” innovations in the legal regulation of the notaries, their advantages both for notaries and for citizens - participants in inheritance legal relations.

Defining Family Trees and Building Family Fortunes: A Look into Dispossession and Enrichment Through Inheritance Laws

Defining Family Trees and Building Family Fortunes: A Look into Dispossession and Enrichment Through Inheritance Laws

The legal protection insurance in the field of private life aims to provide coverage for legal costs that the insured is faced with in situations from their private life. By combining the coverage of the legal expenses according to different legal areas, it is attempted that the legal expenses insurance coverage meets the needs of the insured. It is particularly

Music entrepreneurship allows musicians independence and control over their careers, but also carries the risk of poor success or failure. Among other costs, it implies specific investments in musical instruments, studio equipment and non-musical auxiliary equipment that can be endangered by diverse damage or loss. Musicians may be exposed to claims due to their civil liability to third parties – class participants, guests, visitors and persons engaged in the organization and security of the concert, etc. Musicians can best achieve financial protection of their material interests through insurance. Therefore, this paper discusses several aspects of insurance of musicians, accepted concepts and content, insurance subjects, covered and excluded risks and damages under insurance conditions and business practices of the British insurance market.

Opseg pokrića rizika iz osiguranja pravne zaštite na području privatnog života

The legal protection insurance in the field of private life aims to provide coverage for legal costs that the insured is faced with in situations from their private life. By combining the coverage of the legal expenses according to different legal areas, it is attempted that the legal expenses insurance coverage meets the needs of the insured. It is particularly suitable for providing the so-called family coverage of legal protection for the insured and his family members. After introduction, the paper deals with the forms of legal protection insurance in the field of private life and defines the insured and the co-insured persons in more detail. Also, the insurance risk coverage according to individual legal areas is presented (damage compensation, labour relations, criminal and misdemeanour law, family and inheritance law, property and obligation law regarding movables, traffic legal protection). At the end, the individual exclusions from legal protection insurance coverage in the field of private life are presented.

Evaluation of Legal Security in Property Division Using OWA and Neutrosophic TOPSIS Methods

Legal security in property division is a crucial aspect within the field of civil and inheritance law. This process involves the equitable distribution of assets from an inheritance or marital community among heirs or co-owners, with the aim of guaranteeing their rights in a fair and transparent manner, in accordance with the law. This study focuses on examining various options to deepen understanding of the mechanisms that ensure legal security in this property division, with the goal of identifying best practices. To analyze each alternative in terms of scope and objective, the multicriteria decision-making methods OWA and TOPSIS were employed, using neutrosophic numbers as a modeling tool. The use of these methods highlights the challenges of legal inexperience and conflicts of interest, emphasizing the need for a precise and cautious approach. This analysis promotes the search for equitable solutions in property division, highlighting the importance of fair and transparent legal procedures.

ОНЛАЙН–МЕДІАЦІЯ: ПРОБЛЕМИ РЕАЛІЗАЦІЇ ТА ПИТАННЯ ДОЦІЛЬНОСТІ

This article focuses on the issue of the relevance of online mediation and identifies the problematic issues of its implementation in modern conditions. In particular, the author points out that mediation is considered to be a fairly common method of conflict resolution abroad, which is fixed at the legislative level in many countries around the world. This is because mediation has many advantages, it is a direct way to prevent legal intervention and preserve the relationship between the parties to the dispute. In Ukraine, mediation is also becoming more and more popular and the areas of its application are increasing. In addition, the experience of recent years, which have been rather difficult for Ukraine (Ukraine's military aggression by the Russian Federation, and the introduction of quarantine in Ukraine to prevent the spread of coronavirus disease (COVID-19)), makes it necessary to developremote forms of work, negotiations, cooperation of production processes, solving organizational issues, training and providing all services in an online format ("at a distance" or "remotely"). Mediation is no exception. The author's article analyzes the advantages and disadvantages of conducting mediation distantly and indicates the ways to increase the popularity of this method of dispute resolution. It is established that for science, mediation is a separate process which is an alternative to a judicial process, and the application of the mediation method is extremely relevant and requires further scientific research, in particular, regarding the application and implementation of this process in various modern areas of regulation (banking, tax, civil, housing, family, inheritance law, etc.), and the application of this method at a distance -online. It is concluded that online mediation should take place in the modern life of Ukrainian society, in which the level of public education is significantly increasing in the context of military aggression by the Russian Federation. In turn, to maximize the efficiency and effectiveness of "mediation at a distance", it is necessary to legislate the features of online mediation. The methodological basis of the research is the philosophical and legal principles of social phenomena cognition, in particular, those related to raising the level of education and public knowledge about the method of meditation, which is an effective way to protect the rights of individuals (individuals and legal entities) in various areas of legal regulation. The author uses dialectical, systemic, structural, normative logical, sociological, comparative, and legal methods of cognition. Based on the study, the author proposes to improve the provisions of the current legislation on the use of online mediation.

Expanding Women’s Land Rights: Can MGNREGA Help?

Expanding women’s ownership of land has remained a challenge despite amendment to inheritance laws towards gender equality on account of gender bias, originating from entrenched patriarchy, hereditary customs and sociocultural norms. This may never change without political will and support from executive arms of related government departments, but innovative interventions may help. The article recommends one such measure drawing upon a multi-state evaluation study, wherein type and proportion of works completed on private lands under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) were examined with respect to land ownership of beneficiary household by gender. The study found inequality in terms of both number and type of works completed on land owned by women, which largely may be attributable to comparatively lower proportion of women having land in their name. The article advocates affirmative action with respect to MGNREGA works on private lands, which could be a proactive policy push towards expanding women’s land rights.

اسلام اور عیسائیت کے قوانین میراث کے مشترکات و مختلفات کا تحقیقی و تقابلی جائزہ

Being the last Book, the Holy Qur'an is complete and perfect in all aspects, including its laws regarding inheritance. Islamic law of inheritance is well defined in religious texts and they fulfil the needs of all times to come. On the other hand, other Divine Books as the Bible, dealt with only a particular nation or the group of people it was revealed to and do not have a thorough description of the issue of inheritance. There are several similarities and differences between Islamic and Christian laws of inheritance. The evolution occurring in Christianity requires continuous comparative studies for the academic and historical record. This paper aims to do a comparative analysis of laws of Inheritance in both of the monotheistic religions. In this research qualitative historical research method is used to present a comparison.

Transformation of SNAC1 under Stress Inducible Promoter Rd29a Confers High Yield and Stress Tolerance in Rice

Abiotic stress tolerance in plants is often induced by activation of transcription factors. An increased stress tolerance was observed in indica rice cultivar BRRI dhan55 after transforming with the transcription factor SNAC1 (stress responsive NAC1) under stress inducible promoter rd29A that minimized unexpected phenotype and metabolic burden in transgenic lines. Tissue culture independent Agrobacterium-mediated in planta transformation method was used. Molecular analyses confirmed the successful integration of the SNAC1 gene and significantly higher gene expression level in the transgenic lines. The transgenic lines showed 3:1 segregation ratio at T2 generation following the Mendelian law of inheritance. Assays for leaf disk senescence and chlorophyll content at 100 mM and 200 mM salt and survival rates at 200 mM salt and drought conditions at 12 days of water withdrawal and after recovery under water showed significantly increased stress tolerance in the transgenics lines at seedling stage compared to the wild type. Enhanced yield, spikelet fertility, and 100 grain weight were observed at the reproductive stage compared to wild type under both salinity and drought stress conditions. Thus, SNAC1 expression in plants under inducible promoter is a better choice to enhance stress tolerance and yield under salinity and drought conditions. Plant Tissue Cult. & Biotech. 33(2): 115-133, 2023 (December)

PANDANGAN HUKUM ISLAM TERHADAP PEMBAGIAN WARISAN SEBELUM MUWARIS MENINGGAL DI DUSUN PENGKOLAN

Inheritance according to Islamic law is the process of transferring the inheritance of someone who has died, both in the form of property and property rights, to families who are declared as heirs by law. However, in practice in the community of Dusun Pengkolan Village, there are still many who have not applied Islamic inheritance law. The purpose of this study is to determine the view of Islamic law on the practice of dividing the inheritance when the heir is still alive. Data sources were obtained from the Al-Qur'an, Hadith, KHI, and journals related to the research problem as well as interviews conducted in Pengkolan Hamlet Village. The results of the study concluded that the practice of dividing inheritance in some communities in Pengkolan Hamlet Village was not in accordance with Islamic law because the community distributed the inheritance when the heir was still alive. According to the view of Islamic law, the distribution of inheritance that occurs in the Pengkolan Hamlet Village community is not the distribution of inheritance property, but in practice it is more directed to grants, because the distribution of property is given when the muwaris has not died.
 Keywords : Inheritance, Heirs, Islamic Law

COMPARATIVE ANALYSIS OF INHERITANCE LEGISLATION IN UKRAINE AND POLAND: CIVIL AND TAX ASPECTS

This comprehensive study delves into the inheritance laws of Ukraine and Poland, shedding light on their common features and distinguishing factors. In an era of increasing cross-border estates and globalized family structures, understanding the intricacies of inheritance laws in these two nations is of paramount importance. The analysis begins by exploring shared legal terminology and concepts, such as "testament," "intestate succession," and the emphasis on family and kinship in determining inheritance rights. Both countries provide provisions for disinheritance under specific circumstances and establish succession rights for spouses and children, underscoring the significance of familial relationships. However, significant disparities emerge in several key areas. Variations in inheritance taxation structures are evident, with Ukraine employing preferential tax rates for close relatives, while Poland bases taxation on asset value. Formalities for creating valid wills diverge; Ukraine allows for simple handwritten wills, while Poland demands more formal notarial requirements. Ukraine's forced heirship provisions safeguard certain family members' minimum entitlement to the estate, a contrast to Poland's absence of strict forced heirship. The study underlines the influence of socio-economic factors, with Ukraine's post-Soviet heritage and Poland's transition from communism shaping their respective legal landscapes. It offers crucial policy recommendations, including the harmonization of inheritance taxation structures, balanced forced heirship provisions, and guidelines for cross-border estate planning. In an increasingly interconnected world, the need to harmonize inheritance laws becomes evident, ensuring fairness, predictability, and the protection of individual and familial interests. This research contributes to a deeper understanding of inheritance laws in Ukraine and Poland, providing valuable insights for individuals, legal practitioners, and policymakers navigating cross-border estate planning and succession cases.

Comparison of Children's Inheritance Laws Outside Marriage in Indonesia with Several Other Countries

The rights of a child, both legitimate children and children outside of marriage, should remain protected and prioritized. However, in reality there are still many parents who do not recognize children who have been born outside of marriage. Especially a biological father. This study discusses how the rights of a child outside of marriage and what the legal consequences are obtained. This study concluded that the rights of children out of wedlock in accordance with the provisions of civil law, Islamic law, and customary law states that their rights can be obtained if a child can prove that he is a legitimate descendant of his biological father. The way that can be taken can be in the form of proving through DNA tests and getting recognition from his biological father.