Veritas: Jurnal Program Pascasarjana Ilmu Hukum Universitas Islam As-Syafiiyah
Vol 2 No 2 (2016): VERITAS

KEBERADAAN PASAL 171 C KOMPILASI HUKUM ISLAM PASCA PUTUSAN MAHKAMAH AGUNG NOMOR: 368 K/AG/1995 TANGGAL 16 JULI 1998

Baginda Siregar (Unknown)



Article Info

Publish Date
12 Sep 2016

Abstract

Islamic inheritance law has a "demarcation" very strict for those who are not thesame religion (Islam) and do not inherit each other. Moreover, the behavior of"apostasy" is an act of treason to Muslim families, hurting and embarrassing forparents, family and relatives. So if there are children or heirs apostate then basedon Islamic law of inheritance of his severed relationship. It is a norm adopted andis believed by Muslims. But based on the jurisprudence of the Supreme Courtlapsed remain synchronized their rights through was borrowed. Jurisprudence onwas borrowed for non-Muslims is a violation of articles 2 and 49 LAW OF THEREPUBLIC OF INDONESIA NUMBER 3 YEAR 2006 CONCERNING THEAMENDMENT OF LAW NUMBER 7 IN 1989 ON THE TRIAL OF RELIGION.Ignoring Article 171 c, that hindered religious difference in terms of inheritanceheir.Adding to the norm of article 209 KIH, that the heir to the non-Muslims"rehabilitated" and get a share based on the position was borrowed.

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Journal Info

Abbrev

veritas

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

VERITAS Journal of Law Studies (ISSN: 2407-2494) (E-ISSN: 2655-979X)is a national journal that is published by the Postgraduate of Law Study Program, Faculty of Law, As-Syafiiyah Islamic University, Indonesia. Published twice a year (March and September). Each issue number (issue) amounts to a ...