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All Journal UNIVERSUM HIKMATUNA: Journal for Integrative Islamic Studies Hikmatuna
Ilham Thohari, Ilham
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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KONFLIK KEWENANGAN ANTARA PENGADILAN NEGERI DAN PENGADILAN AGAMA DALAM MENANGAI PERKARA SENGKETA WARIS ORANG ISLAM Thohari, Ilham
UNIVERSUM Vol 9, No 2 (2015)
Publisher : IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/universum.v9i2.84

Abstract

This article aims at discussing about a lawsuit of authority between a state court and a religion court related to authorities to receive, investigate, and decide a lawsuit of heir among Muslim. In this article, it is explained that receiving, investigating, and deciding a lawsuit of heir among Muslim are not absolutely the authorities of the religion court, but the state court also has these authorities. It is based on (1) The Law number 2, 1986 jo Stbl. 1937 number 116, the article 50 which states that the state court has duty and authority to investigate, decide, and solve criminal and civil cases in the first level, and (2) the explanation of The Law number 3, 2006, article 49 about the religion court which states that the meaning of among Muslim is included people or companies which voluntarily follow Islamic law. Therefore, it can be conclude that the religion court has authorities to receive, investigate, and decide a lawsuit of heir among Muslim if they voluntarily follow the Islamic law, and the state court has authorities to receive, investigate, and decide a lawsuit of heir among Muslim if they do not voluntarily follow the Islamic law.Keywords:    Konflik Kewenangan, Pengadilan Negeri, Pengadilan Agama, Perkara Sengketa Waris Orang Islam
KONFLIK KEWENANGAN ANTARA PENGADILAN NEGERI DAN PENGADILAN AGAMA DALAM MENANGAI PERKARA SENGKETA WARIS ORANG ISLAM Thohari, Ilham
UNIVERSUM : Jurnal KeIslaman dan Kebudayaan Vol 9, No 2 (2015)
Publisher : IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/universum.v9i2.84

Abstract

This article aims at discussing about a lawsuit of authority between a state court and a religion court related to authorities to receive, investigate, and decide a lawsuit of heir among Muslim. In this article, it is explained that receiving, investigating, and deciding a lawsuit of heir among Muslim are not absolutely the authorities of the religion court, but the state court also has these authorities. It is based on (1) The Law number 2, 1986 jo Stbl. 1937 number 116, the article 50 which states that the state court has duty and authority to investigate, decide, and solve criminal and civil cases in the first level, and (2) the explanation of The Law number 3, 2006, article 49 about the religion court which states that the meaning of among Muslim is included people or companies which voluntarily follow Islamic law. Therefore, it can be conclude that the religion court has authorities to receive, investigate, and decide a lawsuit of heir among Muslim if they voluntarily follow the Islamic law, and the state court has authorities to receive, investigate, and decide a lawsuit of heir among Muslim if they do not voluntarily follow the Islamic law.Keywords:    Konflik Kewenangan, Pengadilan Negeri, Pengadilan Agama, Perkara Sengketa Waris Orang Islam
The Tradition of Hibah Andum Berkat as a Substitute for Inheritance: A Perspective of Justice and the Interconnectedness of Maslahah (A Case Study of the Mojoroto Community, Kediri, East Java) Rohman, Baitur; Rosyadi, Imam; Thohari, Ilham; Aziz, Muhammad Abdul; Shokri, Nurul Najihah Binti Mohamad
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10208

Abstract

Hibah andum berkat, a substitute for inheritance, is a hereditary tradition practised by the Mojoroto community in Kediri, East Java. This tradition is regarded as a preventive measure to avoid family conflicts by ensuring justice among the heirs in distributing parental assets. It is characterized by an equal division between male and female heirs, with an additional share granted to the child who cared for the parents during their lifetime. This study aims to examine the concept of justice embedded in the implementation of hibah andum berkat as an alternative to inheritance, analyzed through the perspectives of justice and the interconnectedness of maslahah (public interest). This research is expected to contribute an alternative model for distributing parental assets that upholds a greater sense of justice. The study employs an empirical legal approach using a descriptive-qualitative method. The findings reveal that: (1) The tradition of hibah andum berkat as a substitute for inheritance is more socially acceptable, as it reflects proportional justice and promotes equality, thereby maintaining peace among heirs. (2) From the perspective of maslahah interconnectivity, this tradition falls within the scope of maqāṣid al-sharī‘ah, particularly ḥifẓ al-māl (the protection of wealth), which is interconnected with the other components of al-uṣūl al-khamsah.
The Tradition of Hibah Andum Berkat as a Substitute for Inheritance: A Perspective of Justice and the Interconnectedness of Maslahah (A Case Study of the Mojoroto Community, Kediri, East Java) Rohman, Baitur; Rosyadi, Imam; Thohari, Ilham; Aziz, Muhammad Abdul; Shokri, Nurul Najihah Binti Mohamad
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10208

Abstract

Hibah andum berkat, a substitute for inheritance, is a hereditary tradition practised by the Mojoroto community in Kediri, East Java. This tradition is regarded as a preventive measure to avoid family conflicts by ensuring justice among the heirs in distributing parental assets. It is characterized by an equal division between male and female heirs, with an additional share granted to the child who cared for the parents during their lifetime. This study aims to examine the concept of justice embedded in the implementation of hibah andum berkat as an alternative to inheritance, analyzed through the perspectives of justice and the interconnectedness of maslahah (public interest). This research is expected to contribute an alternative model for distributing parental assets that upholds a greater sense of justice. The study employs an empirical legal approach using a descriptive-qualitative method. The findings reveal that: (1) The tradition of hibah andum berkat as a substitute for inheritance is more socially acceptable, as it reflects proportional justice and promotes equality, thereby maintaining peace among heirs. (2) From the perspective of maslahah interconnectivity, this tradition falls within the scope of maqāṣid al-sharī‘ah, particularly ḥifẓ al-māl (the protection of wealth), which is interconnected with the other components of al-uṣūl al-khamsah.
Co-Authors Rohman, Baitur Rosyadi, Imam RR. Ella Evrita Hestiandari Shokri, Nurul Najihah Binti Mohamad