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All Journal VRISPRAAK, International Journal of Law JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah
Miftahuddin, Abdul Hafidz
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Comparison of Customary Inheritance and the Compilation of Islamic Law: A Study of Inheritance Distribution in Indonesia Miftahuddin, Abdul Hafidz
VRISPRAAK : International Journal of Law Vol 8 No 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1158

Abstract

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the prevailing kinship system, such as patrilineal, matrilineal and bilateral. Meanwhile, Islamic inheritance law is sourced from the Qur'an and Hadith with more structured and binding principles of division. This article also highlights the role of KHI in providing legal certainty for Muslims in Indonesia as well as the challenges in harmonising customary and Islamic inheritance laws in daily practice.
Comparison of Customary Inheritance and the Compilation of Islamic Law: A Study of Inheritance Distribution in Indonesia Miftahuddin, Abdul Hafidz; Masduqi
VRISPRAAK : International Journal of Law Vol. 8 No. 2 (2024): September 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v8i2.1158

Abstract

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the prevailing kinship system, such as patrilineal, matrilineal and bilateral. Meanwhile, Islamic inheritance law is sourced from the Qur'an and Hadith with more structured and binding principles of division. This article also highlights the role of KHI in providing legal certainty for Muslims in Indonesia as well as the challenges in harmonising customary and Islamic inheritance laws in daily practice.
SEJARAH DAN KEDUDUKAN HUKUM ADAT DALAM PEMBANGUNAN HUKUM NASIONAL Miftahuddin, Abdul Hafidz; Shukia , Ayun
JAS MERAH: Jurnal Hukum dan Ahwal al-Syakhsiyyah Vol. 3 No. 2 (2024): Mei 2024
Publisher : ADIDAS: Asosiasi Dosen Syari'ah STAI Darussalam Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesian society encompasses a diversity of ethnicities, religions, and cultures, which have formed a unity within the Unitary State of the Republic of Indonesia. Customary law is a system of unwritten social control that is important in society to provide characteristics and identity to the nation. The concept of customary law in Indonesia originates from the term "Adatrecht," first introduced by Snouck Hurgronje and further developed by Van Vollen Hoven. Customary law is defined as unwritten rules that serve as guidelines for the majority of Indonesian society in their daily lives. Sources of customary law are distinguished into "welbron" (the concept of justice within society) and "kenbron" (the source where customary law can be found). These sources include customs, traditional culture, customary proverbs, historical documents, legal texts, and values that grow within society. The history of customary law can be divided into several periods, from before the arrival of Western nations to the post-independence era of Indonesia. The Dutch colonial period influenced the recognition and treatment of customary law, which continued into the post-independence period. Customary law holds an important position in Indonesia's national legal system. Despite being unwritten and not officially recognized, customary law is acknowledged in the 1945 Constitution. Recognition of customary law is evident in various legislative regulations, indicating the importance of preserving traditional values in the development of national law.
Co-Authors Masduqi Shukia , Ayun