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Religious Differences as a Barrier to Inheritance According to Civil Law Azhari, Musa; Harahap, Amhar Maulana
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.16440

Abstract

This study discusses problems related to religious differences as an obstacle to inheritance according to Indonesian civil law. In the context of civil law, inheritance is regulated by the Civil Code (KUHPerdata) which includes inheritance rights, how inheritance is distributed, and other provisions. This study uses a normative research method with a focus on three main sub-discussions. First, inheritance law in Indonesian civil law which regulates who is entitled to inheritance after someone dies. Second, how to distribute inheritance according to civil law based on descent or family. Third, religious differences as a barrier to inheritance, which refers to a situation where the heirs who have a religion are different from the deceased. This research aims to explore how Indonesian civil law regulates inheritance in the context of religious differences. The results of this study are expected to contribute to understanding the complexity of inheritance involving religious differences and provide recommendations for relevant legal solutions.