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Journal : Veritas et Justitia

LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA Puspita, Shintiya Dwi; Fadhly, Fabian
Veritas et Justitia Vol 1, No 2 (2015)
Publisher : Faculty of Law, Parahyangan Chatolic University

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

Abstract

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.
ISLAM DAN INDONESIA ABAD XIII-XX M DALAM PERSPEKTIF SEJARAH HUKUM Fadhly, Fabian
Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i2.2683

Abstract

Islam and Indonesia are a mutually supportive part of both, the reality of history shows the circumstances. Islam became part of Indonesia that was known at that time as the archipelago, the various Islamic teachings seep into a part of Indonesian society. Law as one of his teachings known as fiqh, then translated into Islamic law in the context of Indonesia today. Islamic law experienced a long journey from the era of the sultanate to the modern era, with various changes and developments follow the times and needs of the society of Islamic law itself. The method put forward in this paper is a historical method with a juridical approach. The demarcation of time and time that permeates Islam from time to time in extending its influence, to the various behaviors of Indonesian society through the long historical journey. The timing also indicates that Islam is a part of synergy through Islamic law with Indonesian society (Nusantara), as the context of the understanding or adaptive transformation of fiqih that emerges and develops in the Sultanate era as a form of manifestation of fiqh in the classical period.
LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA Puspita, Shintiya Dwi; Fadhly, Fabian
Veritas et Justitia Vol. 1 No. 2 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i2.1692

Abstract

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.
LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA Puspita, Shintiya Dwi; Fadhly, Fabian
Veritas et Justitia Vol. 1 No. 2 (2015): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v1i2.1692

Abstract

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.
ISLAM DAN INDONESIA ABAD XIII-XX M DALAM PERSPEKTIF SEJARAH HUKUM Fadhly, Fabian
Veritas et Justitia Vol. 3 No. 2 (2017): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v3i2.2683

Abstract

Islam and Indonesia are a mutually supportive part of both, the reality of history shows the circumstances. Islam became part of Indonesia that was known at that time as the archipelago, the various Islamic teachings seep into a part of Indonesian society. Law as one of his teachings known as fiqh, then translated into Islamic law in the context of Indonesia today. Islamic law experienced a long journey from the era of the sultanate to the modern era, with various changes and developments follow the times and needs of the society of Islamic law itself. The method put forward in this paper is a historical method with a juridical approach. The demarcation of time and time that permeates Islam from time to time in extending its influence, to the various behaviors of Indonesian society through the long historical journey. The timing also indicates that Islam is a part of synergy through Islamic law with Indonesian society (Nusantara), as the context of the understanding or adaptive transformation of fiqih that emerges and develops in the Sultanate era as a form of manifestation of fiqh in the classical period.