Jurnal Elsyakhshi
Vol. 1 No. 1 (2023): December

Analysis of Religious Court Decisions Regarding Heir Rights for Non-Muslims

Yandi, Akmal (Unknown)
Ediz, M. Hidayat (Unknown)
Roszi, Jurna Petri (Unknown)



Article Info

Publish Date
03 Jun 2024

Abstract

Section 171 concerning person who inherits and heir must be a Muslim who has blood relations or marital relations. In case 04/Pdt/2013/ the Bandung Religious Court determined the share of non-Muslim inheritance on the pretext of using a mandatory will. For this reason, research within literature method for case analysis of 04/Pdt/2013/PA Bandung. The results target of this study is determination of Muslim heirs by non-Muslims who are determined by Bandung Religious Court Judge through the determination path number 04/Pdt/2013, if measured through perspective of Islamic Sharia. The judge's determination contradicts the opinion based on the hadith that Muslims do not inherit from infidels and vice versa. Significantly shows the existence of an embargo to become heirs and heirs between people who are Muslims and Non-Muslim. Meanwhile, PA Bandung judges are guided by handful of opinions whose basis is based on general hadith of Prophet and does not discuss inheritance.

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Journal Info

Abbrev

elsyakhshi

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

Description

Jurnal Elsyakhsi is an international peer-reviewed journal published by Institute of Research and Community Service STAI Solok Nan Indah, Indonesia in collaboration with the International Islamic Studies Development and Research Center (IISDRC). Details on our focus and scope can be viewed here. ...