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All Journal Jurnal Akta Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Jurnal Review Pendidikan dan Pengajaran (JRPP) LEGAL BRIEF Journal Of Human And Education (JAHE) JUDGE: Jurnal Hukum
Lubis, Risyad Fakar
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Akta

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Kinship System and Its Influence on Islamic Inheritance Law in Indonesia Turnip, Ibnu Radwan Siddik; Ningsih, Suria; Nurhayati, Nurhayati; Lubis, Risyad Fakar
JURNAL AKTA Vol 11, No 1 (2024): March 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i1.33673

Abstract

Kinship system known to indigenous peoples in Indonesia is divided into three parts namely patrilineal, matrilineal and parental system. Each tribe in Indonesia has its own inheritance system that is influenced by the kinship system, while on the other hand the indigenous people have also embraced Islam which of course should follow the pattern of Islamic inheritance. This paper will try to examine whether this kinship system still affects the resolution of the issue of inheritance for those who are already Muslims and whether this kinship system also affects the provisions of Islamic inheritance in Indonesia. This research is qualitative research using legal anthropological approach. The results showed that this kinship system still has an effect on the completion of inheritance in indigenous Islamic peoples in Indonesia such as Karo, Minangkabau and Javanese Islamic communities. In the development of Islamic inheritance in Indonesia, efforts to make the bilateral inheritance system are seen in some of the articles on the Compilation of Islamic Law (KHI) supported by Islamic law reformers in Indonesia.
Co-Authors Budhiawan, Adlin Ginting, Muhammad Ramanda Alif Syaufi Ningsih, Suria Nurhayati Nurhayati Purnama, Fidya Sembiring, Ari Wibowo Sinaga, Siti Azzahra Siregar, Reza Ananda Turnip, Ibnu Radwan siddik