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All Journal Multidisciplinary Indonesian Center Journal El-Sirry: Jurnal Hukum Islam dan Sosial Custodia: Journal of Legal, Political, and Humanistic Inquiry
Musa Azhari
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Earth & Planetary Sciences Education Law, Crime, Criminology & Criminal Justice Other

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Beda Agama Bukan Penghalang dalam Kewarisan Menurut Hukum Perdata Musa Azhari; Nur Sania Dasopang
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/6pqmd954

Abstract

This study examines the legal position of interfaith inheritance under Indonesian civil law, focusing on the principle that religious differences do not constitute an impediment to inheritance rights. Employing a normative legal research method, the study analyzes statutory regulations, doctrinal legal principles, and relevant court decisions governing inheritance under the Indonesian Civil Code (Burgerlijk Wetboek). The findings indicate that civil inheritance law is fundamentally based on blood relations and lawful marriage, rather than religious affiliation. As long as the legal requirements of heirs and inheritance objects are fulfilled, and no legal disqualifications apply, heirs of different religions remain entitled to inheritance rights. Judicial practice in general courts further demonstrates a consistent application of religious neutrality in inheritance disputes, reinforcing legal certainty and equality before the law. Although this approach differs from Islamic inheritance law, civil law serves as an inclusive legal framework that accommodates Indonesia’s pluralistic social structure. Consequently, civil inheritance law plays a crucial role in safeguarding civil rights and promoting justice within interfaith family relations.
THE PROBLEM OF UNDERSTANDING ISLAMIC FAMILY LAW: BETWEEN NORMATIVE TEXTS, SOCIAL PRACTICES AND MODERN LEGAL DYNAMICS IN ISLAMIC FAMILY LAW UNDERGRADUATE STUDENTS IN MANDAILING NATAL Yurizka Syahdani Nst; Sakinah Azzahra Hsb; Nur Asliah; Musa Azhari; Putra Halomoan Hsb; Purnama Hidayah Harahap
Multidisciplinary Indonesian Center Journal (MICJO) Vol. 3 No. 1 (2026): Vol. 3 No. 1 Edisi Januari 2026
Publisher : PT. Jurnal Center Indonesia Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62567/micjo.v3i1.2127

Abstract

Understanding Islamic family law is an important aspect in Islamic law education, especially for students of the Islamic Family Law Study Program. However, in practice, various problems are still found that originate from the dominance of the textual approach, the gap between classical fiqh and social reality, and the complex relationship between Islamic law and state law. This research aims to analyze the problems of understanding Islamic family law in S1 students of Islamic Family Law in Mandailing Natal by highlighting the tension between normative texts, social practices, and modern legal dynamics. This research uses a qualitative approach with a field study method (field study), through observation and analysis of empirical data associated with normative and sociological studies. The research results show that students' understanding of Islamic family law still tends to be normative-textual and not completely contextual. The maqaṣid al-syari'ah approach is offered as a methodological solution to bridge the gap, because it is able to integrate the purpose of Islamic law with the demands of social justice and protection for vulnerable groups. This research emphasizes the importance of updating the Islamic family law education approach to be more responsive to social development and modern law.
Religious Differences as a Barrier to Inheritance According to Civil Law Musa Azhari; Amhar Maulana Harahap
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.16440

Abstract

This study discusses problems related to religious differences as an obstacle to inheritance according to Indonesian civil law. In the context of civil law, inheritance is regulated by the Civil Code (KUHPerdata) which includes inheritance rights, how inheritance is distributed, and other provisions. This study uses a normative research method with a focus on three main sub-discussions. First, inheritance law in Indonesian civil law which regulates who is entitled to inheritance after someone dies. Second, how to distribute inheritance according to civil law based on descent or family. Third, religious differences as a barrier to inheritance, which refers to a situation where the heirs who have a religion are different from the deceased. This research aims to explore how Indonesian civil law regulates inheritance in the context of religious differences. The results of this study are expected to contribute to understanding the complexity of inheritance involving religious differences and provide recommendations for relevant legal solutions.
Co-Authors Harahap, Amhar Maulana Nur Asliah Nursania Dasopang Purnama Hidayah Harahap Putra Halomoan Hsb Sakinah Azzahra Hsb Yurizka Syahdani Nst