Jurnal Hukum Khaira Ummah
Vol 18, No 2 (2023): June 2023

INHERITANCE LAW OF GRANDCHILDREN IN ISLAMIC MAJORITY COUNTRIES AND ANALYSIS OF ARTICLE 185 OF KHI IN INDONESIA

Dazriani, Wa Dazriani (Unknown)



Article Info

Publish Date
13 Jan 2025

Abstract

Muslim jurists agree to impose Islamic law on the life of Muslims. The fundamental issue in Islamic law is the question of the development of modern life which is followed by new legal problems which require an answer to it by using Islamic law. The field of inheritance law has experienced a very significant development, caused by the increasingly complex needs of society and its thinking can change in accordance with the times. Among them are Islamic inheritance law is developing with the existence of surrogate heirs, whose application in Indonesia is regulated by Compilation of Islamic Law (KHI). The objection to the sound of Article 185 KHI about the successor heir is still very often debated and considered vulnerable to multiple interpretations even by the judges in Religious Courts. The word "can" allows for "ijtihad" or judge's judicial independence when it comes to deciding cases. In connection with this, the question arises, how the law of inheritance of grandchildren in Muslim majority countries and how the analysis of Article 185 KHI in Indonesia? Furthermore, it will be studied by using library method, that is by collecting library data and primary data that will support this research.Keywords: Inheritance Law, Substitute Heir

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Journal Info

Abbrev

jhku

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...