Bulletin of Community Engagement
Vol. 4 No. 3 (2024): Bulletin of Community Engagement

Akibat Hukum Hibah Wasiat yang Melanggar Bagian Mutlak Ahli Waris Perspektif Kuhperdata dan Hukum Islam

Muhammad Kamran (Unknown)
Syahrul (Unknown)



Article Info

Publish Date
31 Dec 2024

Abstract

If the testator dies and leaves heirs, then the heirs receive a portion of the inheritance of at least half of the inheritance as a legitimate Portie right. If it exceeds the legitimate portie, it will have legal consequences based on the aspects of Islamic law and civil law aspects. This article aims to find out, analyze and find out more about the legal consequences of a testamentary grant that exceeds the legitimate portie. This study uses a normative research method with a statutory approach, case approach, conceptual approach, analytical approach, and theoretical approach and the legal materials used are primary legal materials and secondary legal materials and tertiary legal materials with qualitative analysis using deductive and inductive methods. The results of the study indicate that violations of the legitimate portie result in the testamentary grant being able to be canceled in the competent court, in other words, it cannot be executed. If the legitimiser demands his rights in the grant and does not accept the violations contained in the grant, then the provisions in the grant that violate its legitimacy cannot be executed. Likewise, if the Legitimacy claims its rights in the will, and does not accept the violation contained in the will, then the provisions in the will that violate its legitimacy cannot be implemented.  

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Journal Info

Abbrev

bce

Publisher

Subject

Religion Arts Humanities Education Social Sciences Other

Description

The mission of Bulletin of Community Engagement is to serve as the premier peer-reviewed, interdisciplinary journal to advance theory and practice related to all forms of outreach and engagement . This includes highlighting innovative endeavors; critically examining emerging issues, trends, ...