A Comparative Journal of Islamic Inheritance Distribution According to the Compilation of Islamic Law and the Civil Code

Inheritance Law is a rule in the system of implementing the distribution of inheritance and is an important aspect of family law that is regulated differently in the legal system in Indonesia. The Civil Code stipulates that heirs are blood relatives, both legitimate and unmarried, as well as the longest surviving husband or wife. The distribution of inheritance is carried out based on the order of the heirs' groups, and if there are no heirs in one group, then the inheritance will fall to the next group. KHI or Compilation of Islamic Law applies to the Muslim community, while the Civil Code applies generally and is based on western civil law. The difference between the two lies in the legal basis, the subject of the inheritance recipient, and the proportion of the distribution. The Compilation of Islamic Law regulates the distribution of inheritance based on the principle of faraidh, which emphasizes proportional distribution according to the provisions of the Qur'an and Hadith, while the Civil Code uses the principle of inheritance based on blood and marriage relations without distinguishing the religion of the heirs who will receive the inheritance. Although quite different, the two rules have similarities in terms of regulations regarding replacement heirs and also distribution due to the death of the testator.