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Decided Ratio on Religious Court Decision No. 701/Pdt.G/Pa/Sky Concerning Mandatory will for Non-Muslim Mochamad Umar Saktiaji; Sihabudin Sihabudin; Fathul Laila
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i2.5715

Abstract

The aims of the study to find out Decided Ratio on Religious Court Decision No. 701/Pdt.G/Pa/Sky Concerning Mandatory Will for Non-Muslim. This study used qualitative research. Based on the description of the discussion in the previous chapter, it can be concluded that the research results are as follows: a.Mandatory wills for non-Muslims in the perspective of Islamic law from among scholars have religious opinions, but according to contemporary Islamic legal theory. b. Compulsory will law against non-Muslims in a positive legal perspective is not regulated normatively in a clear formulation, both in the Civil Code (KUHPdt) and in the Compilation of Islamic Law (KHI). Its application is based on jurisprudence.
Decided Ratio on Religious Court Decision No. 701/Pdt.G/Pa/Sky Concerning Mandatory Will for Non-Muslim Mochamad Umar Saktiaji; Sihabudin Sihabudin; Fathul Laila
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v5i3.6316

Abstract

The aims of the study to find out Decided Ratio on Religious Court Decision No. 701/Pdt.G/Pa/Sky concerning Mandatory Will for Non-Muslim. This study used qualitative research. Based on the description of the discussion in the previous chapter, it can be concluded that the research results are as follows: a.Mandatory wills for non-Muslims in the perspective of Islamic law from among scholars have religious opinions, but according to contemporary Islamic legal theory. b. Compulsory will law against non-Muslims in a positive legal perspective is not regulated normatively in a clear formulation, both in the Civil Code (KUHPdt) and in the Compilation of Islamic Law (KHI). Its application is based on jurisprudence.