ILJS
Vol 9 No 2 (2024): Islamic Law: Jurnal Siyasah, September 2024

Konsep Munâsakhât (مناسخات) Dalam Hukum Kewarisan Islam Di Indonesia

Miftahurrahmi, Intan (Unknown)



Article Info

Publish Date
24 Dec 2024

Abstract

Munâsakhât, or successive inheritance, is a concept in Islamic inheritance law that governs the distribution of an estate when an heir passes away before the inheritance is distributed. In Indonesia, the application of munâsakhât often presents unique complexities, particularly within the framework of positive law and the practice of religious courts. This article explores the concept of munâsakhât in Islamic inheritance law as applied in Indonesia, including its definition, legal foundations, and implementation within the national legal system. By analyzing relevant literature and court decisions, the study aims to provide a comprehensive understanding of munâsakhât and its implications for inheritance law practices in Indonesia. The findings highlight how Islamic jurisprudence addresses complex inheritance scenarios and offers insights into harmonizing Islamic principles with Indonesia’s pluralistic legal system, thus facilitating equitable inheritance distribution in accordance with both religious teachings and state regulations.

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Journal Info

Abbrev

law

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Islamic Law is a scientific journal that contains original works of experts in the field of Islamic law that have not been published in the form of articles regarding empirical research and problematic conceptual ideas of law, politics, and Islam through an interdisciplinary, multidisciplinary, ...