Waraqat : Jurnal Ilmu_Ilmu Keislaman
Vol. 7 No. 2 (2022): Waraqat: Jurnal Ilmu-Ilmu Keislaman

The Effectiveness of Compilation of Islamic Law in Resolving Inheritance Disputes at the Religious Courts of Panyabungan and Padang Sidempuan City

Muhammad Fadlan Is (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)
Defel Fakhyeldi (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)
Azizatur Rahmah (Sekolah Tinggi Agama Islam Negeri Mandailing Natal)



Article Info

Publish Date
30 Dec 2022

Abstract

Debate and rejection of some of the Compilation of Islamic Law (KHI) materials regarding inheritance always occur among Indonesian Muslims. Not all provisions in KHI can be accepted by society, especially by Muslims in Panyabungan and Padangsidimpuan City. Several "pasal" must be criticized because they contradict the qat'i texts and have abolished the common fiqh laws in society. In this study, two problem formulations will be answered: How is the implementation of inheritance dispute resolution in the Religious Courts? Second, how effective is the Compilation of Islamic Law in ​​inheritance disputes in the Religious Courts? The type of research used in this study is empirical juridical research using a field research approach. The two locations were chosen because there were differences in settlement of inheritance disputes in their respective Religious Courts. The theory used is Lawrence M. Friedman's legal system. They state that the effectiveness of law enforcement depends on three elements: legal structure, legal substance, and legal culture. Inheritance disputes that enter the average are the determination of heirs. From a structural perspective, judges are influential because they use the KHI Legal Justice approach.

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Journal Info

Abbrev

WRQ

Publisher

Subject

Religion Education Languange, Linguistic, Communication & Media

Description

WARAQAT: Journal of Islamic Studies is a refereed publication devoted to research articles, reports, and book reviews concerned with the Islamic Studies. This journal dedicated to enhancing and disseminating scholarly work in the field of Islamic Studies WARAQAT: Journal of Islamic Studies publishes ...