Legal Protection for the Partnership Agreement Parties
Vol 22 No 2 (2022): December 2022

The Contribution of ‘Urf to the Reform of Islamic Inheritance Law in Indonesia

Ismail, Ismail (Unknown)
Busyro, Busyro (Unknown)
Nofiardi, Nofiardi (Unknown)
Wadi, Fajrul (Unknown)
Alwana, Hanif Aidhil (Unknown)

Article Info

Publish Date
28 Dec 2022

Abstract

This library research explains the position of ‘urf as the basis for reforming Islamic law and its contribution to the renewal of inheritance law in Indonesia, using the content analysis method. The result showed that ‘urf is of higher importance in the renewal of Islamic law and plays a very important role in reforming the inheritance law in Indonesia. Several KHI book II provisions were based on ‘urf, including the inheritance of adopted children and adoptive parents, żawul arḥām, radd, walad, joint property, and substitute heirs. Among the several forms of ‘urf that have been recognized as Islamic law, ‘urf of joint property comes from the rich culture and traditions of native Indonesia. Therefore, it has made a valuable contribution to the renewal of Islamic law in Indonesia.

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Journal Info
Legal Protection for the Partnership Agreement Parties
Website

Abbrev

al-risalah

Publisher

Universitas Islam Negeri Sulthan Thaha Saifuddin Jambi

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Risalah Forum Kajian Hukum dan Sosial Kemasyarakatan particularly focuses on the main problems in the development of the sciences of sharia and law areas. It publishes articles and research papers concerning Islamic law, Islamic legal thought, Islamic jurisprudence, Islamic economic laws, ...