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All Journal SAMAWA : Jurnal Hukum Keluarga Islam Asasi: Journal of Islamic Family Law
Dwi, Dwi Dasa Suryantoro
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Religion Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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IMPLEMENTASI HUKUM WARIS ISLAM DI INDONESIA PRESPEKTIF KAJIAN NORMATIF DAN REALITAS SOSIAL Dwi, Dwi Dasa Suryantoro
SAMAWA Vol 5 No 1 (2025): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Darul Falah Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53948/samawa.v5i1.160

Abstract

Islamic inheritance law is a branch of law that regulates the distribution of a person's inheritance based on sharia provisions. In the Indonesian context, although Islamic inheritance law has been regulated normatively in Law No. 3 of 2006 concerning Religious Courts, its implementation is often hampered by social, cultural factors, and varying interpretations. This article aims to analyze the basic principles of Islamic inheritance law, the dynamics of its application in Indonesia, and the challenges and solutions in implementing Islamic inheritance law in Indonesian society. This study uses a descriptive-qualitative method, with a normative and empirical approach. The results of the study indicate that although Islamic inheritance law has been recognized in the Indonesian legal system, there is a disharmony between legal provisions and social practices that occur in the field.
Analisis Yuridis Wasiat Wajibah Dalam Kompilasi Hukum Islam Dwi, Dwi Dasa Suryantoro
ASASI: Journal of Islamic Family Law Vol. 3 No. 1 (2022)
Publisher : Prodi HKI IAI Miftahul Ulum Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36420/asasi.v3i1.152

Abstract

Abstract A binding will is a will whose implementation is not influenced or dependent on the will or will of the deceased testator and does not require evidence that the will was spoken, written or intended, but its implementation is based on a legal basis. must be allowed to do so. Article 209 paragraph (1) and paragraph (2) of the Islamic Law (KHI) regulates wills given to adopted children whose adoptive parents have died or to adoptive parents whose adopted children have died. This is basically an effort to update Islamic law so that it is in line with the legal awareness of the community and fulfills the principles of expediency and justice. The benefit of making a will mandatory for adopted children or adoptive parents is to maintain justice and peace in the family. Even if the adopted child is not a biological child, the obligations of the adoptive parents towards the adopted child are the same as the obligations of the biological child. Therefore, according to the author, the provisions of Article 209 (2) of the KHI are in line with the mashlahah principle which is the "main principle of Islamic law" and therefore in line with Islamic law.  
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