Fox Justi : Jurnal Ilmu Hukum
Vol. 16 No. 01 (2026): Fox justi : Jurnal Ilmu Hukum

A Comparative Study on the Execution Time of Inheritance Distribution from the Perspectives of Islamic Law and Civil Law

Angelia Eka Putri, Winni (Unknown)
Mairul, Mairul (Unknown)



Article Info

Publish Date
28 Feb 2026

Abstract

Inheritance is a crucial aspect of family law, yet the prevalent socio-cultural practice of "living inheritance" (warisan hidup) in Indonesia often creates conceptual and juridical confusion between grants (hibah) and actual inheritance. This research aims to comparatively analyze the precise execution time of inheritance distribution according to normative Islamic Law and the Indonesian Civil Code (KUHPerdata) to resolve these socio-legal tensions. Employing a normative legal research method with a qualitative comparative approach, this study exclusively analyzes primary and secondary legal materials, including the Qur'an, the Compilation of Islamic Law (KHI), and the KUHPerdata. The findings reveal that neither legal system explicitly sets a rigid deadline or expiration period for distribution post-mortem. However, Islamic Law mandates a strictly sequential, ijbārī (compulsory) process requiring the prior settlement of funeral costs, debts, and testamentary wills before asset division. Conversely, the KUHPerdata provides a highly flexible, consent-driven mechanism that depends entirely on the heirs' free will and proactive demands. This study concludes that while Civil Law permits procedural delays, unnecessary postponement is strongly discouraged across both systems to prevent overlapping claims. Understanding these temporal boundaries is vital for society to ensure absolute legal certainty, utilize appropriate lifetime legal instruments accurately, and maintain long-term familial harmony.

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Journal Info

Abbrev

Justi

Publisher

Subject

Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The Fox Justi : Jurnal Ilmu Hukum a scientific LEGAL BRIEF which includes scholarly writings on pure research and applied research in the field of Law as well as a review-general review of the development of the theory, methods, and related applied sciences. Legal Theory Law of E-Commerce Legal and ...