Ar-Raniry, International Journal of Islamic Studies
Vol 7, No 2 (2020): Ar-Raniry: International Journal of Islamic Studies

Implementasi Konsep Ahli Waris Patah Titi Di Mahkamah Syar’iyah Bireuen, Aceh, Indonesia

Munawir Munawir (Pascasarjana Universitas Islam Negeri Ar-Raniry Banda Aceh, Aceh)



Article Info

Publish Date
02 Oct 2021

Abstract

Legal pluralism in Indonesia has formed a different inheritance law system, namely institutions patah titi is an heir who dies earlier than the heir, and then his position can be replaced by a grandchild, which is set in Kompilasi Hukum Islam (KHI). This article wants to discuss the practice of judges' legal considerations at the Syar'iyah Court Bireuen in implementing the terms of patah titi, as stipulated in article 185 paragraph (1) and (2) KHI. This article uses legal research methods empirical legal research, namely research conducted on data in the form of cases of inheritance patah titi in the Syar'iyah Bireuen Court. The results of the author's research on judges' considerations in implementing the case patah titi in the Syar'iyah Bireuen Court, namely, the Panel of Judges of the Syar'iyah Bireuen Court in deciding inheritance cases patah titi refers to the Syafi'iyah fiqh system for inheritance cases that occurred before the existence of the KHI rules. However, in some cases that occurred after the KHI, some were decided based on the KHI rules, and others did not follow the KHI rules based on particular considerations for the benefit of the heirs.

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Journal Info

Abbrev

jar

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The scope of Jurnal Ar Raniry is conceptual ideas in the study of Islamic sciences: Education Islam, Al-Quran and Hadith, Thoughts in Islam, Fiqh and Islamic Rules, History and civilization of Islam, Language and Islamic literature, Dakwah and Islamic Communication and Modern developments in Islam. ...