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Journal : IIJSE

Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Dewiyanti Rambe; Muhammad Amar Adly; Khalid Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

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Abstract

This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women. Keywords: Inheritance Division, Islamic Inheritance Law, Women This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women.
Analysis of Judges’ Decision Regarding Cancellation of Waqf Land by Wakif (Study of Analysis of Decisions in Malang Religious Court Number 6551/Pdt.G/2018/PA.Kab.Mlg) Khairunnisa Khairunnisa; Khalid Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.4003

Abstract

The research aims to understand or obtain information about the review of Islamic law and positive law on the judge’s decision regarding the cancellation of waqf land by the wakif (Analytic Study of Decisions of the Malang Religious Court Number 6551/Pdt.G/2018/PA.Kab.Mlg). In this study, a descriptive qualitative approach was used which described and analyzed the review of Islamic law and positive law on the Cancellation of Waqf in the Malang Religious Court Decision Number 6551/Pdt.G/2018/PA.Kab.Mlg. The results of the study show that the juridical review of the waqf laws and regulations regarding the cancellation of waqf by the waqif in waqf disputes that have been decided by the Malang Religious Court in Decision Number 6551/Pdt.G/2018/PA.Kab.Mlg. that the waqf can be canceled because the waqf made at that time did not fulfill some of the waqf elements and requirements listed in Law Number 41 of 2004 concerning Waqf.