Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Zainul Aziz Nasution
Unknown Affiliation
Religion

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Pembagian Harta Warisan Sebelum Orang Tua Meninggal: Studi Kasus Masyarakat Muslim Kecamatan Medan Tembung Heriandi Heriandi; Zainul Aziz Nasution; Akmaluddin Syahputra; Iwan Iwan
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 3 (2025): September: TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i3.222

Abstract

This study discusses the practice of inheritance distribution before the parents' death among the Muslim community in Medan Tembung District. This phenomenon reflects the dynamic interplay between Islamic law, customary law, and social practices in the division of inheritance. According to Islamic law, inheritance can only be distributed after the death of the testator. However, in Medan Tembung, early distribution is often carried out to avoid conflicts among heirs. This research uses a socio-legal approach with an empirical method based on field observations. The findings show that the community applies three inheritance systems: individual, matrilineal, and parental/bilateral. The distribution is conducted through hibah (grants) or wasiat (wills), typically documented in a written statement and often legalized by local community leaders or notaries. Cultural factors, education levels, and legal awareness significantly influence the variation in distribution systems. Most families still distinguish between the inheritance shares of sons and daughters, with sons typically receiving a larger portion. Community leaders play a vital role in mediating disputes, and if consensus is not reached, legal channels are pursued. These findings highlight the importance of legal education and the need for synergy among religious law, customary practices, and state law to ensure fairness in inheritance distribution.
Tranformasi Hukum Wasiat Wajibah Ke dalam Sistem Hukum Nasional Zainul Aziz Nasution; Faisar Ananda Arfa; Ibnu Radwan siddiq Turnip
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 3 (2025): September: TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i3.223

Abstract

Wasiat Wajibah is a form of legally mandated bequest granted to specific heirs who, according to Islamic law, do not receive a share of the inheritance or receive an insufficient portion. This concept originally developed in Islamic jurisprudence as a solution for promoting social justice, particularly for grandchildren whose parent (the decedent’s child) had passed away before the testator. The transformation of this concept into Indonesia’s national legal system represents a response by the legal framework to the demand for substantive justice in the context of family and inheritance matters. This study aims to examine the concept of wasiat wajibah in Islamic law, its application within Indonesia’s positive law—particularly as regulated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI)—and its transformation into national law. The research employs a normative juridical method, with analysis based on primary legal sources, namely the Compilation of Islamic Law (KHI), especially Articles 171–214 which regulate Islamic inheritance law, and Article 209 which specifically addresses wasiat wajibah. In addition, Law No. 1 of 1974 concerning Marriage serves as the legal framework for family law within the national legal system. The findings indicate that wasiat wajibah is a legal innovation inspired by the principles of justice and protection for relatives whose inheritance rights are otherwise excluded. Article 209 of the KHI explains that there is no inheritance relationship between adopted children and adoptive parents; however, a legal breakthrough exists in the form of wasiat wajibah, which governs such relationships. The transformation of wasiat wajibah into the national legal system is carried out through legislation, judicial practice, and is supported by a legal culture that is increasingly responsive to social justice and the realities of contemporary Muslim families.
Co-Authors Akmaluddin Syahputra Faisar Ananda Arfa Heriandi Heriandi Ibnu Radwan Siddiq Turnip Iwan Iwan