el-Aqwal: Journal of Sharia and Comparative Law
Volume 2 Issue 1 (2023)

Historicity of Islamic Inheritance Law in Indonesia and Turkey

Mega Puspita (UIN Sunan Kalijaga Yogyakarta)
Ahmad Rezy Meidina (UIN Sunan Kalijaga Yogyakarta)



Article Info

Publish Date
19 Jan 2023

Abstract

This article talks about renewal in the field of Islamic family law regarding inheritance. Islamic inheritance law is a law that regulates the inheritance of the assets of someone who has died and is given to those who are entitled. Islamic inheritance law in Indonesia is regulated in KHI Articles 176-191, this rule is also influenced by the school of thought that is developing in Indonesia, namely the Shafi'i. The basis for the renewal of Islamic Inheritance Law is the obligatory will, in which according to some Islamic thinkers, non-Muslim heirs can receive a share of the heir's assets through the obligatory will. Meanwhile, inheritance law in Turkish civil regulations has been regulated in the third book. The third book contains regulations on an inheritance without a will and these regulations are adopted from Swiss civil regulations. The Swiss civil code replaces Turkish law with the Hanafi school. Inheritance law in Turkey has the principle of equality between men and women so that they get the same distribution of inheritance.

Copyrights © 2023






Journal Info

Abbrev

elaqwal

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

el-Aqwal: Journal of Sharia and Comparative Law [e-ISSN: 2962-5289] is open access academic journal focused on publishing scholarly work that promotes and fosters knowledge in the field of Sharia, Law, Religioan and Comparative. All submissions undergo peer review, and the article in Indonesian, ...