El-Sirry: Jurnal Hukum Islam dan Sosial
Vol 1, No 1 (2023)

ANALISA AYAT DAN HADIST TENTANG KEWARISAN BEDA AGAMA SERTA REFORMULASI DALAM TATANAN HUKUM INDONESIA

Isnadi, Danil (Unknown)



Article Info

Publish Date
08 Nov 2023

Abstract

Basically, the legal rules applied in examining, adjudicating, and resolving cases regarding civil lawsuits for inheritance lawsuits in each judicial institution refer to KHI article 171, articles 1 and 2 in conjunction with Article 49 of Law No. 7 of 1989, as well as the arguments of the Qur'an An-Nisa's letter, 4:141, HR. Al-Bukhori and Muslim, so that the Islamic personality is determined by the heir and ignores wills that cannot be proven, and the heir and heirs must both be Muslims, whereas in 1998 the Supreme Court with cassation case register no: 368 K/AG/1995 When making decisions using legal rules, if the parents have a different religion than the child, they are considered to have left a will, which is called a mandatory will. And took the decision to grant non-Muslim heirs the rights based on the mandatory will by referring to the opinion of some scholars such as Yusuf Al-Qadhowi who argued that non-Muslim heirs would receive the inheritance of Muslim heirs through the mandatory will.

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Journal Info

Abbrev

ElSirry

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current ...