Asmirayanti Asmirayanti
Sekolah Tinggi Agama Islam Negeri (STAIN) Parepare

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

ANALISIS PUTUSAN HAKIM NOMOR: 284/Pdt.G/2015/PA.Prg TENTANG AHLI WARIS PENGGANTI Rukiah Rukiah; Saidah Saidah; Asmirayanti Asmirayanti
DIKTUM: Jurnal Syariah dan Hukum Vol 15 No 2 (2017): Diktum : Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (412.565 KB) | DOI: 10.35905/diktum.v15i2.434

Abstract

Abstract: The heir of the successor or commonly called mawali is the heir who died first from the heir so his position can be replaced by his son. This is as regulated in Article 185 of the Compilation of Islamic Law (KHI). The subject matter in this paper is how the judge's verdict Number: 284 / Pdt.G / 2015 / PA. Prg in determining the respective part of the successor heirs. The findings of the study indicate that (1) The position of the surrogate heirs in the Islamic inheritance system and the customary inheritance system in Pinrang Regency is no known change of system for the heirs who died prior to the heir. (2) The position of the replacement heirs in the inheritance system according to the Compilation of Islamic Law of the heirs who died prior to the heir, his position can only be replaced by his son or grandson of the heir under Article 185 paragraph (1) Compilation of Islamic Law (KHI) a change of place in inheritance applies only to a downward line of descent and so on. (3) There is a mistake by the panel of judges in deciding on the part of the heirs and the surrogate heirs in the case Number 284 / Pdt.G / 2015 / PA.Prg.