USRAH: Jurnal Hukum Keluarga Islam
Vol. 6 No. 2 (2025): April

PERBANDINGAN SISTEM PEMBAGIAN WARIS DALAM HUKUM INDONESIA DAN MALAYSIA

bero, Suripto (Unknown)
Fikri, Sariatul (Unknown)
Mujib, Mishbachul (Unknown)



Article Info

Publish Date
01 Apr 2025

Abstract

This research focuses on examining more specifically the comparison of inheritance distribution systems in Indonesian and Malaysian law. Both are Muslim-majority countries that apply Islamic law in the distribution of inheritance, but each has different legal systems and policies in regulating inheritance. This research method is a type of qualitative research using the Library Research method. The research results show that Indonesia adopts a pluralistic legal system which includes Islamic law, customary law and civil law in the division of inheritance, while Malaysia implements a dualistic legal system with a separation between Sharia law for Muslims and civil law for non-Muslims. The similarities between the two countries lie in the basis of Sharia law which guides the distribution of Muslim inheritance, including the application of the faraid principle.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...