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Mualifah Mualifah
Fakultas Hukum Universitas Mataram, Mataram
Humanities Economics, Econometrics & Finance Education Social Sciences Other

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AHLI WARIS TUNGGAL PEREMPUAN MENURUT HUKUM WARIS ISLAM (ANALISIS PUTUSAN AGAMA MATARAM) Mualifah Mualifah; Ridwan Ridwan; M. Faisal
JURNAL SOSIAL EKONOMI DAN HUMANIORA Vol. 7 No. 2 (2021): JURNAL SOSIAL EKONOMI DAN HUMANIORA
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (281.951 KB) | DOI: 10.29303/jseh.v7i2.37

Abstract

The purpose of this study is to determine the application of Islamic inheritance law in the settlement of inheritance disputes at the Mataram Religious Court, so that it can be seen whether there is gender discrimination in inheritance distribution according to Islamic inheritance law rules. This is done by analyzing the decisions of inheritance cases, which are decided by the Mataram Religious Court. The method used in this study is a normative legal approach which aims to analyze the decisions of religious courts related to inheritance cases. Aspects that will be studied are: Application of Islamic inheritance law in the settlement of inheritance disputes and discrimination against women in Islamic inheritance law. The results of the study show that the legal regulation of daughter inheritance in Islam is shown in Surat An-Nisa (IV): verses 11, 12, 33, 176 and in the hadiths of the Prophet. then in the Compilation of Islamic Law (KHI) the distribution of inheritance for only female children is stated in article 176, where if "a daughter if only one then she gets half the share; if two or more persons, they jointly get two-thirds of the share; and if the daughter is together with the son, then the share of the son is two to one with the daughte.
EKSISTENSI PENGADILAN AGAMA DALAM MENGADILI PERKARA WARISAN Mualifah Mualifah; Muhammad Faisal; Muhammad Jailani
JURNAL SOSIAL EKONOMI DAN HUMANIORA Vol. 7 No. 2 (2021): JURNAL SOSIAL EKONOMI DAN HUMANIORA
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (287.81 KB)

Abstract

Law No. 7 of 1989: “The Religious Court has the duty and authority to examine, decide and resolve matters in the first instance between Muslims in the field of marriage, inheritance, wills and grants made based on Islamic law and waqf and charity. The purpose in this study is to determine the application of Islamic inheritance law in resolving inheritance disputes in the Mataram Religious Court. The method used in this study is a normative legal approach that aims to analyze the decisions of religious courts related to inheritance cases. Aspects that will be studied are the application of Islamic inheritance law in the settlement of inheritance disputes and discrimination against women in Islamic inheritance law. The legal materials collected in this normative research are primary legal materials and secondary legal materials. The results show that as listed in article 49 paragraph 1 letter b, one of the "certain" areas of law that are included in the jurisdiction of the judiciary in the religious judiciary, adjudicate inheritance matters. Knowing the extent of the scope of this authority is very important, given the various issues of the point of contact of jurisdictional issues regarding inheritance matters between the general judiciary and religious judiciary in the past. Therefore, the output of this range through the approach of the provisions outlined in Law No. 7 of 1989 is to cover the Principles of Personality to Islam and the Vision of the Archipelago and covers all areas of Islamic inheritance law.
Co-Authors M. Faisal Muhammad Faisal Muhammad Jailani Ridwan Ridwan