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All Journal Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Mulyadi, Kiking
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Heirs in the Islamic, Anglo-Saxon and Continental European Legal Systems Mulyadi, Kiking; Surasa, Ais; Ah. Fathonih; Rasyid, Fauzan Ali
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 1 No. 2 (2025): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v1i2.63

Abstract

This study aims to compare the concept of inheritance in three different legal systems: Islamic law, Anglo-Saxon law, and Continental European law. The main objective of this study is to analyze the differences, similarities, and social and legal implications of these different inheritance systems. The methodology of this research involves a literature review and analysis of relevant laws and regulations regarding inheritance law in the three legal systems studied. Data is collected from reliable primary and secondary sources, including Islamic legal texts, relevant laws and court decisions in Anglo-Saxon law, as well as legal regulations and precedents in Continental European law. The findings of this study reveal that Islamic law regulates inheritance based on Sharia principles, which divide inheritance proportionally according to family relations and religious provisions. Anglo-Saxon law adheres to the principle of intestate succession, whereby property is distributed to heirs based on lineage and special rules in law. On the other hand, the Continental European legal system bases the distribution of inheritance on the concept of a broader lineage, encompassing more distant relatives as heirs. The social implications of these findings highlight differences in the way societies manage inheritance and inheritance rights, which can affect justice and harmony in the family. From a legal perspective, the implication is the comprehensive variation in the protection of inheritance rights and the legal process that applies in each legal system.
Pelimpahan Kuota Haji Jamaah Wafat: Tinjauan Maqāṣid al-Syarī‘ah dan Psikologis Mulyadi, Kiking; Supriatna, Encup; Fahmi, Irfan
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.109

Abstract

The transfer of Hajj quotas for pilgrims who pass away before departure raises debates from both Islamic law and Indonesian positive law perspectives. This study aims to analyze the issue through three dimensions: Islamic legal views, the maqāṣid al-sharī‘ah framework, and the psychological implications for the deceased pilgrim’s family. Using a qualitative, literature-based approach, the findings indicate that quota transfer is permissible as an administrative right, not an inheritable one, provided it is implemented fairly and transparently. From the maqāṣid al-sharī‘ah perspective, such a policy supports the preservation of religion (ḥifẓ al-dīn) and life (ḥifẓ al-nafs), as long as it does not harm other pilgrims in the waiting list. Psychologically, it offers comfort to the bereaved family but requires strict supervision to prevent perceptions of injustice. Therefore, the transfer of Hajj quotas should be regulated and monitored carefully to align with justice and public welfare principles.
Pelimpahan Kuota Haji bagi Jamaah yang Meninggal Dunia: Analisis Maqashid Syariah serta Implementasinya di Indonesia dalam Perspektif Sosiologi dan Antropologi Mulyadi, Kiking; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 4 (2025): Desember : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i4.1428

Abstract

The transfer of hajj quotas for deceased pilgrims is a legal and social issue that is relevant to the dynamics of the implementation of the hajj in Indonesia. This phenomenon arises as a consequence of the long waiting list for the departure of pilgrims, which causes many prospective pilgrims to die before having the opportunity to perform the worship. From the perspective of Islamic law, the hajj is personal (fard 'ain) and attached to individuals who have met the requirements of istitha'ah. However, in the context of state administration, the right to portion Hajj is seen as an administrative right that can be transferred to certain heirs in a regulatory manner. This study aims to examine the legal basis for the assignment of hajj quota based on the principles of sharia maqashid and review its implementation in the socio-anthropological context of the Indonesian Muslim community. The research method used is normative law with a conceptual and sociological approach, through the analysis of laws and regulations and developing social practices. The results of the study show that the transfer of the hajj quota does not contradict sharia principles as long as it brings benefits, guarantees justice, and avoids potential abuse. Socially, this policy reflects respect for the deceased's worship intentions, strengthens kinship values, and shows the adaptation of Islamic law in responding to the needs of contemporary Indonesian Muslim society.
Co-Authors Ah. Fathonih Fauzan Ali Rasyid Irfan Fahmi, Irfan Mukhlas, Oyo Sunaryo Saebani, Beni Ahmad Supriatna, Encup Surasa, Ais