Jurnal Sumber Hukum
Vol 1 No 1 (2023): JURNAL SUMBER HUKUM

URGENSI PILIHAN HUKUM TERKAIT PEMBAGIAN WARISAN BERDASARKAN HUKUM ISLAM

Cahyaningtyas, Kartika (Unknown)
Mahfudi, Nafi’uddin Fauzi (Unknown)



Article Info

Publish Date
28 Dec 2023

Abstract

This study examines and analyzes the legal options chosen to determine the distribution of the inheritance from the late Mulrejo or Simpar to the heirs in which the wishes of the heirs of the late Mulrejo or Simpar divide equally in accordance with the provisions of the Civil Code which in fact the heir and all other heirs are Muslim who the distribution of inheritance should be based on Islamic law. The method used with normative research with research results is the distribution of inheritance from the late Mulrejo or Simpar by using the concept of hilah which is divided by the provisions of Islamic law, after that the heirs who get more shares give to heirs who get less with the willingness and how to donate. This is in accordance with the wishes of the heirs to divide the inheritance equally. The role of the Notary is needed when making a Certificate of Inheritance which explains that the distribution with the hilah concept which divides based on Islamic law after that is in accordance with the wishes of the heirs who want to divide equally in accordance with the Civil Code. This is because a Certificate of Inheritance can be made before a Notary. Keywords: choice of law, division of inheritance, Hilah concept, Notary

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Journal Info

Abbrev

SH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Sumber Hukum merupakan jurnal riset dalam disiplin ilmu Hukum, antara lain Hukum Islam, Hukum Pidana, Hukum Perdata, Hukum Bisnis, Hukum Adat, Hukum Sosiologi, Hukum Tata Negara, Hukum Administrasi Negara, Hukum Kesehatan. Jurnal Sumber Hukum diterbitkan 2 (dua) kali setahun (Juli dan ...