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Journal : IIJSE

Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Rambe, Dewiyanti; Adly, Muhammad Amar; Khalid, Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.3928

Abstract

This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women. Keywords: Inheritance Division, Islamic Inheritance Law, Women This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women.
Analysis of Judges’ Decision Regarding Cancellation of Waqf Land by Wakif (Study of Analysis of Decisions in Malang Religious Court Number 6551/Pdt.G/2018/PA.Kab.Mlg) Khairunnisa, Khairunnisa; Khalid, Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.4003

Abstract

The research aims to understand or obtain information about the review of Islamic law and positive law on the judge’s decision regarding the cancellation of waqf land by the wakif (Analytic Study of Decisions of the Malang Religious Court Number 6551/Pdt.G/2018/PA.Kab.Mlg). In this study, a descriptive qualitative approach was used which described and analyzed the review of Islamic law and positive law on the Cancellation of Waqf in the Malang Religious Court Decision Number 6551/Pdt.G/2018/PA.Kab.Mlg. The results of the study show that the juridical review of the waqf laws and regulations regarding the cancellation of waqf by the waqif in waqf disputes that have been decided by the Malang Religious Court in Decision Number 6551/Pdt.G/2018/PA.Kab.Mlg. that the waqf can be canceled because the waqf made at that time did not fulfill some of the waqf elements and requirements listed in Law Number 41 of 2004 concerning Waqf.
Co-Authors Adam Malik, Mohammad Ahmad Yusuf Akbar, Muhammad Faris Akmaluddin Syahputra Alfanzar, Alif Iffan Alim, Ahmad Amin, Faris Muslihul Amirul Mukhtar, Ahmad Wildan Armaini, Elza Azmi, Muhammad Nurul Azzahra, Destia Baskoro, Bayu Bintang, Ahdian Syahputra Chansa Damanik, Syabrina Yolanda Damanik, Irfan Mauliandi Dini, Aliefya Dwi Rolliawati Eriska , Reda Fahri, Sutan Farhan Akbar, Muhammad fatimah Fatimah Fatimah Zahara Hadi Firmansyah, Ryan Hafif Pasaribu, Kurniawan Hakim Harahap, Akmal Harahap, Aulia Khairani Harahap, Syakirah Alda Hasibuan, Wahyu Ardiansyah Indri Sudanawati Rozas Izzah, Khoirul Izzuddin, Andik Khairunnisa Khairunnisa khoirinnisa', nurul Khunaefi, Anang Lestari, Intan Mustika Lubis, Rifkha Azqiyah Lubis, Tiva Novianti Matondang, Maulidya Mora Moch Arif Bijaksana Mohammad Fauzi Muhammad Amar Adly, Muhammad Amar Mujib Ridwan Munawir1,, Munawir Mushlihul Amin, Faris Nasution, Inez Echa Aurel Nasution, Khairani Fitriah Nawar, Royyandana Ramadani Niken Niken Pratama, Dhendy Setiawan Pratama, Muhammad Hisyam Purba, Gita Rahmayani Putra, MZidane Andhika Putri, Gustina Tri Lestari Rambe, Dewiyanti Rambe, Noni Reza, M Fahmi Rifki Wijaya Roliawati, Dwi Rolliawati, Dwi Rosyadi, Muhammad Zaidan Sabrina, Sarah Salam, Fadil Muhammad Sani, Muhammad Saragih, Chantika Andini Siregar, Rahmat Insani Sopian sopian Sriwindari, Henny Suti, Muhammad Zulfikri Syaharuddin Rasyid Syahputra, Akmaluddin Tabita, Kanaya Ulumiyyah, Ikrimatul Uswat Hasnan, A. Wahyudi, Noor Yunita Ardilla Zuhri, Rasyid Ahmad