Islamic Inheritance Research Articles

Kedudukan Hukum Pembagian Harta Warisan pada Perempuan di Minangkabau dengan Sistem Matrilineal Ditinjau dari Hukum Islam

ABSTRACT The Minangkabau kinship system, which adheres to a matrilineal descent, especially in the context of inheritance division, presents a unique situation due to the differences between Minangkabau customary law, which values female heirs, and the Islamic inheritance law, which is bilateral. Despite the philosophy of "Adat Basandi Syarak, Syarak Basandi Kitabullah" emphasizing adherence to Islamic Sharia in customs, distinctions arise, particularly concerning the role of women in the ownership and management of inheritance. This research aims to identify the factors that lead to women in Minangkabau receiving more inheritance than men, and to examine the impact from an Islamic legal perspective. The research methodology employed is qualitative normative, utilizing primary, secondary, and tertiary literature data. The research findings indicate that the main factor for women in Minangkabau receiving more inheritance is their elevated status as holders of "amban puruak" and their right to use the inherited property. The distribution of inheritance to women is considered a form of family endowment (wakaf) that holds significant benefits in supporting the economic livelihood of Minangkabau women

Penyuluhan Status Harta Waris Islam Terhadap Anak Angkat kepada Seluruh Civitas Universitas Sains Islam Malaysia

This Community Service (PKM) focuses on providing counseling about the legal status of adopted children's inheritance rights from their adoptive parents. An adopted child is a child whose rights have been transferred from the family environment and authority of the biological parents, legal guardians, or other persons responsible for caring for, educating and raising the child. The legal status of adopted children in the perspective of laws in Indonesia and Malaysia is legal, however it then becomes an issue when faced with their rights within the inheritance assets of their adoptive parents. In Islamic inheritance law, adopted children do not have legal power over inheritance rights from their adoptive parents, except through obligatory wills (wasiat wajibah). Meanwhile, in positive law, adopted children obtain equal status as biological children, so that adopted children can become heirs. This PKM program is carried out for all USIM civitas (lecturers, staff, employees, workers) in collaboration with the USIM Faroid Study Center. This PKM program aims to provide an understanding of the inheritance rights status of adopted children. This PKM program uses socialization, counseling, and mentoring methods.

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.

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.

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.

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

PEMBAGIAN HARTA WARISAN MASYARAKAT NAGARI AIR BANGIS KECAMATAN SUNGAI BEREMAS KABUPATEN PASAMAN BARAT PERSPEKTIF HUKUM ISLAM

This study examines the distribution of inheritance of the community of Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. From these problems the questions arise: (1) What is the system for distributing inheritance to the people of Nagari Air Bangis? (2) What is the view of Islamic law regarding the system of distributing inheritance in Nagari Air Bangis? This research is descriptive field research with a qualitative approach, namely research that understands what phenomena occur in the field, then analyzes the data using the source triangulation method. The results of this research are that the consideration of the Nagari Air Bangis community in implementing more inheritance distribution to men is based on the agreement of the heirs with the aim of having more male heirs, apart from that there are other factors such as customs and culture that have been passed down from generation to generation as well as the lack of public knowledge about division of inheritance in Islam. A review of Islamic law regarding the considerations used by the people of Nagari Air Bangis in implementing more distribution of inheritance to men in Islam is permissible, by following the provisions that apply therein, namely that each heir must know the share of each heir. before inheritance assets are distributed as stated in KHI Article 183.

Pemanfaatan Sawah Warisan Secara Bergilir Menurut Hukum Islam dan Hukum Adat

The use of inherited rice fields in rotation is in accordance with customary inheritance law and article 189 KHI, namely using collective principles. This is not in accordance with the individual principle in Islamic inheritance law. One reason is that in the collective system there is a delay in the distribution of inherited assets. This has the potential to cause conflict. The formulation of the problem in this research is how to implement the use of heritage rice fields in rotation among the Mayapati Village community. The aim of the research is to examine through Islamic law and customary law the rotational use of inherited rice fields in the Mayapati Village community. The type of research is field research with data collection through interviews, observation and documentation. This research is also normative legal research with a qualitative approach, namely data obtained through library materials such as books, documents or statutory regulations related to the problems that occur. Descriptive in nature, that is, the problem is formulated according to the facts that occurred. According to customary law, inherited rice fields are used in rotation according to a collective system. According to the view of Islamic law, inheritance should be divided based on the parts regulated in the text. Referring to the Compilation of Islamic Law, the rotational use of inherited rice fields which is in accordance with Islamic Law is only inherited collectively, in accordance with property rights in Islamic law, namely ownership for the benefit only or haqqul intifa', while the rotational use of rice fields is not in accordance with work regulations. with muzara'ah.

Reexamination of the Concept of Justice in the Inheritance System: A Study on Women's Inheritance in the Traditional Society of Bali in Lombok, West Nusa Tenggara, Indonesia.

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.

Towards the Unification of Inheritance Law in Indonesia: Challenges and Opportunities in the Context of Religious and Cultural Diversity

This research examines inheritance law in Indonesia which is very pluralistic and not uniform, consisting of civil inheritance law regulated in the Burgerlijk Wetboek (WB), customary inheritance law regulated in their respective customary inheritance laws based on the existing kinship system (patrilineal, matrilineal, and parental), and Islamic inheritance law regulated in Islamic law. In heading towards the unification of inheritance law in Indonesia, there are challenges and opportunities that must be faced due to the diversity of religions and cultures that exist in Indonesia. This research uses normative research methods. The subject matter will be studied juridically normative and juridically philosophical with a systemic and comparative juridical approach. The nature of this research is descriptive, namely describing the overall object that is explored and collected systematically. The approaches used in this research are statute approach and conceptual approach. In this research, library materials in the form of secondary data are used as the main source. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. These various data can be obtained through literature studies or online data searches. Data collection provides verification, correction, supplementation, and itemization of each other. Will be analyzed qualitatively after being collected. The results of this study, to unify inheritance law in Indonesia can be done by adjusting the elements of the applicable legal order within the framework of the legal system. In each legal system consists of 3 (three) sub-systems, namely legal substance, legal structure, and legal culture. Furthermore, to create opportunities for the unification of inheritance law in Indonesia, the steps that can be taken are studies and research related to the inheritance law system that applies in Indonesia; dialogue and discussion between stakeholders; submitting proposals and discussions at the legislative level to make rules for the unification of inheritance law in Indonesia; conducting socialization and education to the public about the importance of unification of inheritance law; and after the unification of inheritance law is passed, implementation and evaluation of its implementation are carried out.

Legal Distribution of Inheritance Rights to Children Out of Marriage According to the Civil Code and the Compilation of Islamic Law

This research is motivated by Article 171 KHI and Article 832 of the Civil Code concerning inheritance groups, it is explained in these articles that people or families who are entitled to receive inheritance include 15 groups of men and 10 groups of women, which groups are the closest people to the heir. According to Islamic law, a child out of wedlock, whether a child of adultery or li'an, is not entitled to inherit from his father's lineage and vice versa if the child out of wedlock dies, then the father cannot inherit from the child. However, when viewed from a humanitarian point of view, he can still receive inheritance from his father, but not by dividing the inheritance of children in general, but by grants, and the share may not be more than 1/3 of the inheritance. Meanwhile, according to civil law, a child out of wedlock gets a share of his father's inheritance as much as 1/3, ½, and ¾ of the share of a legitimate child depending on what class of heirs the child lives together after the heir dies. As for the source of Islamic inheritance law which is used as a guideline in the distribution of inheritance, it is listed in the Qur'an in the letter An Nisaa verses 7, 11, 12 and 176, and in the letter An Naml verse 16. Meanwhile, civil inheritance law is regulated in book II concerning objects (Van Zaken) which contains object law (Zaken Recht) and inheritance law (Erfrecht).

Development Model of Gender Equality Study in Inheritance Distribution of Tanah Luwu Communities

This research’s aims are 1. analyze the Tanah Luwu people's inheritance distribution, 2. analyze the views of Gender Equality on how to distribute the inheritance of the Tanah Luwu Tribe community, 3. analyze the model for developing gender equality in the inheritance distribution system of the Tanah Luwu people. This study uses an explorative-qualitative research method that describes the development model of gender equality studies in the distribution of inheritance for the people of Tanah Luwu by studying inheritance cases enforced concerning parts and kinship systems. The study shows that the people of the Tanah Luwu tribe generally adhere to Islam; however, they still highly respect the customs passed down from generation to generation to their families, including in inheritance. Therefore, when asked about the inheritance laws that apply, they answer Islamic inheritance laws. However, they use inheritance laws according to their wishes or the appointing system and consider it fair. Gender equality views the inheritance distribution of the people of Tanah Luwu as unfair; thus, there is concern among the heirs. Tension can lead to conflicts or disputes. The gender equality development model is the conflict management and conflict transformation approach.

Akibat Hukum Jual Beli Tanah Warisan Tanpa Persetujuan Ahli Waris

Islamic inheritance law is one of the rules that regulates humans and humans in matters of inheritance (inheritance). This law regulates the transfer of assets from deceased people to living people with detailed calculations and distribution. The aim of this research is to determine the legal consequences of buying and selling inherited land without the consent of the heirs. In this research the author uses Normative Law research, which is carried out by examining and analyzing legal regulations with legal issues in their consistency with existing principles. This type of research is a type of library research, which relies on the study and study of texts. The research results show that in Islamic law, land inheritance does not yet exist has been circulated and is prohibited from being sold because it still belongs to other heirs. If all heirs agree to the sale and purchase, it can be traded, if not it is considered illegal and revoked. Legal protection for buyers of inherited land that is not distributed is that they can file a civil lawsuit against the seller and the Notary/PPAT (official with the authority to make deeds) who has made the sales agreement.

SOSIALISASI HUKUM WARIS ISLAM DI DESA BANTAR JAYA GUNA MENCIPTAKAN KELUARGA SAKINAH

Frequent disputes over the division of inheritance often lead to conflicts between households and relatives. This community service activity aims for a better understanding of the principles of inheritance law and creates an attitude of respect for family values to maintain good relationships within the family and respect the will of their parents or ancestors regarding inheritance. The service method applies community education in the form of socialisation. The results of the activity have an impact, namely, it can increase understanding and information about Islamic Inheritance Science to be applied in family life, can generate a sense of respect for family values to maintain good relationships in the family and respect the will of their parents or ancestors regarding inheritance and improve family communication.

CERTAINTY REGARDING LEGAL CHOICES BETWEEN RELIGIOUS COURTS AND DISTRICT COURTS REGARDING APPLICATIONS FOR DETERMINING HEIRS

In accordance with the research title listed above, Indonesia has three legal systems that regulate inheritance, namely; Islamic inheritance law which is based on and uses the holy book Al-Quran as its source, western civil inheritance law which originates from Burgerlijk Wetboek (hereinafter referred to as the Civil Code), and finally customary inheritance law based on the customs of the community itself, this cannot be separated from from the role of each court that handles it. Therefore, the author needs to conduct research on the certainty of legal choices between religious courts and district courts regarding applications for determining heirs. The aim of the research is to analyze the role of the district court and religious court in the application for determining heirs, after that this study will also analyze how legal certainty is provided regarding the legal choice between the district court and the religious court. The results obtained from this research are that the implementation of Law no. 50 of 2009 regarding every application for determining Islamic heirs must be handled and under the authority of a religious court, in fact this does not mean that the district court is of the opinion that it no longer has the right and authority to adjudicate applications for inheritance, this is because the authority possessed by the district court still has power. law in an effort to adjudicate applications for determining inheritance for Muslims. However, what needs to be underlined is that the difference between religious courts is that when it comes to resolving inheritance cases, religious courts are guided by the complications of Islamic law, while district courts are based on the Civil Code, namely western law. Keywords:District Court, Religious Court, Inheritance, Petition, Determination

ANALYSIS OF JUDGES' DECISIONS REGARDING ISLAMIC INHERITANCE CASES AND ITS IMPLICATIONS FOR FAMILY LAW REFORM IN INDONESIA

There is a disparity between the decisions of the Religious Courts, the High Religious Courts and the decisions of the Supreme Court related to Islamic inheritance cases since first-instance and appellate-level decisions tend to use normative law, whereas at the cassation level decision has used a progressive legal paradigm. Therefore, this study aims to look at the judge's decision regarding inheritance cases and its implications for legal reform. This research is a qualitative research, a type of library research with the approach of the Legal Pluralism Triangle Concept by Werner Menski. This study uses the theory of legal discovery, maqasyid as-shari'ah, and progressive legal theory, and draws conclusions using inductive thinking. The results of this study indicate that the decisions of the Religious Courts and the High Religious Courts still use a conservative legal paradigm which tends to only serve as mouthpiece for laws, in contrast to the decisions of the Supreme Court which have described the existence of ijtihad by using a progressive or contextual legal paradigm. The implication of the decision on Islamic inheritance for family law reform in Indonesia is that the Supreme Court's decision can be used as jurisprudence andas a reference for realizing the unification of Islamic inheritance law in Indonesia today.

Relevansi Kitab Majmu'ul Al-Mirats Fil Hukmil Faraid Karya Haji Ismail Mundu Dengan Materi Pendidikan Islam Kelas XII

This study aims to determine the relevance between Islamic inheritance law material and the book Majmu'ul Al-Mirats Fil Hukmil Faraid in class XII PAI material. This research was conducted by qualitative methods with a phenomenological approach that is happening today. The focus of this research will be to review the extent of the relevance of the book to PAI material in grade XII high school. The setting of this research was conducted at SMA Negeri 2 Nanga Pinoh, Melawi Regency. Researchers took samples of PAI teaching materials used during teaching and learning activities. The results of the study found that Ismail Mundu as a scholar had practiced his knowledge in educating the community and realizing a religious and peaceful society. Islam regulates human relations with others, which includes the issue of inheritance. Prophet Muhammad (peace be upon him) brought Islamic inheritance law to change the jahiliyah inheritance law which was largely determined by tribal elements that were considered unjust. In Islamic inheritance rules, the curriculum in the world of education also does not escape to review clearly the basic principles concerning inheritance law, so that inheritance material is poured in the high school level learning package book. The Book of Majmu'ul Al-Mirats Fil Hukmil Faraid is very relevant to the PAI material in class XII, because it also explains the source or basis of inheritance law in it and presents the division and example cases in the material content

CRITICISM OF THE ISLAMIC INHERITANCE DISTRIBUTION SYSTEM PERSPECTIVE OF THE PRINCIPLE OF PROPORTIONALITY.

This paper is motivated by the debate about the existence of inheritance law in Islam which is often stigmatized as a law that is not friendly to the element of equality in the percentage of acquisition of men and women. This background will then be examined in this paper by proposing a perspective on the principle of proportionality as the basis of Islamic inheritance law. Through a normative-doctrinaire legal study method, this study concludes that the principles of inheritance are eclectic between the principle of proportionality and the principle of justice. This has implications for social decency, which can be between different time and period dimensions or between one community and another that has different standards.

THE EXISTENCE OF TESTAMENTARY LAW IN THE ISLAMIC DIVISION OF INHERITANCE

This study wants to highlight the position of wills in Islamic inheritance law, where as is well known there is a basic principle that the property of a deceased person should be divided in accordance with the provisions of the Quran and Sunnah. Then the problem is the position of the will of the deceased in Islamic law. Where this is still a basic question because so far wills are often ignored in the division of inheritance. The method used in this study is an interdisciplinary approach, namely socio-legal where this approach not only looks normatively but also the impact caused by rules or laws. This study wants to answer; (1) What is the position of the will in Islamic law?, (2) To what extent do religious courts recognize the will of a deceased person?. The conclusion of this study is that the legality of wills has not been fully recognized in Islamic inheritance law, this is evidenced by the existence of inheritance decisions that tend to prioritize the division of inheritance in Islamic inheritance law.

Implementation of islamic inheritance law in Makassar City (Study on Class IA Makassar Religious Court)

The purpose of this study is to find out 1) How is the inheritance distribution system in the Muslim community in the city of Makassar, 2) What factors influence the implementation of Islamic inheritance law in the city of Makassar. The research is a research (Field Research), the location of research of the Makassar Religious Court class IA, with a normative sociological approach. In this study, several data collection techniques were used, namely; interviews, observations and documentation.
 The results showed that; 1) The implementation of inheritance law among the Muslim community of Makassar City varies greatly, some distribute and hand over property to each of their children in the form of grants strengthened by a statement letter, some go through deliberation or compromise for the sake of creating peace and benefit in their family environment, some settle their inheritance with an Islamic inheritance law approach, and some through the help of religious courts, Both through mediation and through court decisions, and of course there are also in their own way regardless of the rights of other heirs. 2) The implementation of Islamic inheritance law in Makassar City has not been fully implemented, this is influenced by factors, namely; the substance of the law, the level of knowledge of the community, the level of knowledge of the apparatus, the level of public perception, the level of customs (legal culture) of the community and the level of legal awareness of the community.