Penerapan Hukum Waris Islam Pasca Berlakunya Kompilasi Hukum Islam di Indonesia

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), enacted through Presidential Instruction No. 1 of 1991, serves as a crucial legal foundation for inheritance issues among Muslims in Indonesia. KHI was developed to provide legal certainty and justice in the distribution of inheritance and to unify previously pluralistic inheritance regulations. This article aims to analyze the implementation of inheritance law based on KHI and highlight the challenges faced in its application, particularly from the perspective of justice and legal certainty. This study employs a normative juridical approach and comparative analysis to compare KHI with customary law across various regions. The findings indicate that while KHI has succeeded as a guideline in inheritance law, there are significant challenges in harmonizing it with customary laws and in raising public legal awareness. Religious courts also face dilemmas in enforcing KHI amid differing local traditions. Therefore, further efforts are needed to enhance public understanding and harmonize KHI with customary laws.

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Publication Details

Journal
JURNAL SOSIAL EKONOMI DAN HUMANIORA
Published
2024-09-30
DOI
https://doi.org/10.29303/jseh.v10i3.666
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

Penerapan Hukum Waris Islam Pasca Berlakunya Kompilasi Hukum Islam di Indonesia

Sri Hariati
1 citations
JURNAL SOSIAL EKONOMI DAN HUMANIORA
Legal Studies and Policies
4.07
article

Penerapan Hukum Waris Islam Pasca Berlakunya Kompilasi Hukum Islam di Indonesia

Sri Hariati
article en
1 citations

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI), enacted through Presidential Instruction No. 1 of 1991, serves as a crucial legal foundation for inheritance issues among Muslims in Indonesia. KHI was developed to provide legal certainty and justice in the distribution of inheritance and to unify previously pluralistic inheritance regulations. This article aims to analyze the implementation of inheritance law based on KHI and highlight the challenges faced in its application, particularly from the perspective of justice and legal certainty. This study employs a normative juridical approach and comparative analysis to compare KHI with customary law across various regions. The findings indicate that while KHI has succeeded as a guideline in inheritance law, there are significant challenges in harmonizing it with customary laws and in raising public legal awareness. Religious courts also face dilemmas in enforcing KHI amid differing local traditions. Therefore, further efforts are needed to enhance public understanding and harmonize KHI with customary laws.

JURNAL SOSIAL EKONOMI DAN HUMANIORAVol. 10(3)
University of Mataram (ID)
Openalex Percentile: Top 6%
Legal Studies and Policies
4.07
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Penerapan Hukum Waris Islam Pasca Berlakunya Kompilasi Hukum Islam di Indonesia — Sri Hariati · JURNAL SOSIAL EKONOMI DAN HUMANIORA (2024) | TGRS Research Map | TGRS