International Journal of Educational Research and Social Sciences (IJERSC)
Vol. 3 No. 1 (2022): February 2022

Distribution Of Different Religion Legacy According To Islamic Instruction Law (Case Study Of The Supreme Court Decision Number 368 K/Ag/1995)

Edy Sanjaya (Faculty of Law, University of 17 August 1945 Semarang, Indonesia)
Indira Hastuti (Faculty of Law, University of 17 August 1945 Semarang, Indonesia)
Budi Prasetyo (Faculty of Law, University of 17 August 1945 Semarang, Indonesia)



Article Info

Publish Date
28 Feb 2022

Abstract

The decision of the Supreme Court regarding the granting of wills to non-Muslim heirs is a breakthrough in relation to the inheritance of different religions. It is the consensus of scholars that religious differences (Muslims and non-Muslims) are one of the barrier factors for inheriting. With regard to religious differences, the mandatory will given by the Supreme Court is for non-Muslim siblings. The compulsory intention in KH1 is analogous to adopted children and adoptive parents. Religious differences are still barriers to inheriting each other by seeking a positive step by not limiting the understanding of inheritance law so far. This research method uses a normative juridical approach by reviewing various literature on granting wills to non-Muslim heirs. Data was collected through a literature study with relevant secondary legal materials sourced from statutory regulations, literature, both books, journal articles. Who are Muslim. It is the same with a Muslim who cannot inherit from a non-Muslim.

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Journal Info

Abbrev

go

Publisher

Subject

Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

International Journal of Educational Research and Social Sciences (IJSERSC) is to provide a research medium and an important reference for the advancement and dissemination of research results that support high-level research in the fields of Educational Research and Social Sciences. Original ...