Comparison of Inheritance Law in Islamic Law and Civil Law

This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.

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Publication Details

Journal
Mandub Jurnal Politik Sosial Hukum dan Humaniora
Published
2024-11-30
DOI
https://doi.org/10.59059/mandub.v2i4.1754
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
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article

Comparison of Inheritance Law in Islamic Law and Civil Law

Abdul Halim Wicaksono, Zainal Arifin Hosein
Mandub Jurnal Politik Sosial Hukum dan Humaniora
Marriage and Family Dynamics
article

Comparison of Inheritance Law in Islamic Law and Civil Law

Abdul Halim Wicaksono, Zainal Arifin Hosein
article en

Abstract

This study aims to analyze the comparative law on inheritance in the Islamic legal system, civil law, and its impact on Indonesian implementations. The research method used is normative juridical with a statute approach and a conceptual approach, which focuses on analyzing applicable legal documents and norms. This study discusses the characteristics of each legal system, including differences in the distribution of inheritance, the obligations of heirs to the debts of the testator, and the inheritance mechanism regulated in the Civil Code (KUHPerdata) and Islamic inheritance law. Furthermore, this study explores the impact of implementing the two legal systems in Indonesia, considering the diversity of Indonesian society that influences the implementation of inheritance law. The results are expected to provide deeper insight into how the two legal systems interact and influence inheritance practices in Indonesia.

Mandub Jurnal Politik Sosial Hukum dan HumanioraVol. 2(4)
Universitas Borobudur (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 61%
Marriage and Family Dynamics
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