Nilai Keadilan dalam Sistem Kewarisan Islam

Rifenta, Fadlih; Prayogo, Tonny Ilham

doi:10.24090/mnh.v0i1.2117

Cited by 2 publications

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“…Kelsen posits that the law achieves a state of justice when it effectively regulates human conduct in conformity with established norms to foster contentment within society. 11 Furthermore, in his perspective, the facet of justice is synonymous with legality. General principles are deemed equitable when they are effectively enforced.…”

Section: Upon Querying the Case Tracking Application System (Sipp) Of...mentioning

confidence: 99%

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

Harahap,

Asmuni,

Syahputra

et al. 2023

MNH

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This scholarly article examines the judgments rendered by Religious Courts concerning disputes related to the revocation of grants, employing the viewpoint of Islamic jurisprudence and the maslahah theory. In this instance, the judicial panel overseeing the dispute related to the cancellation of the grant primarily invoked the provisions outlined in Article 35, Paragraph 1, and Article 36, Paragraph 1 of the Marriage Act (Law Number 1 of 1974), which pertain to joint property, along with Article 1338 of the Civil Code, addressing agreements. Consequently, the judges disregarded the article pertaining to the right to withdraw the grant’s subject, even though the grant is given without the consent of the other heirs. Meanwhile, in accordance with the maslahah theory, decisions rendered by a panel of judges in the Religious Court ideally aim to actualize the concept of Maqasid al-Shari’ah, specifically focused on the preservation of both property and descendants. This approach helps mitigate adverse consequences that may arise within familial dynamics, particularly in relationships between parents and their heirs. Nevertheless, in accordance with Hans Kelsen’s justice theory, the deliberations undertaken by judges when adjudicating cases involving the revocation of grants often exhibit inconsistency in the application of the pertinent legal framework, thereby leading to a partial realization of the intended concept of justice.

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Section: Upon Querying the Case Tracking Application System (Sipp) Of...mentioning

confidence: 99%

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

Harahap,

Asmuni,

Syahputra

et al. 2023

MNH

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“…One of the Islamic inheritance principles states that the inheritance process can only occur when the wealth owner dies. It is even said that Islam only recognizes one form of inheritance law, namely inheritance due to death (Rifenta & Prayogo, 2019). Death is an essential element of the inheritance process in Islam.…”

Section: Introductionmentioning

confidence: 99%

Al-Walā` in Islamic Inheritance Law: Looking for Its Legal Effects

Marwa

2020

JHN

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Introduction toThe Problem: Slaves and slavery had existed since before Islam preached by Muhammad (PBUH). Islam provides gradual problem-solving methods regarding slavery; one of them is through inheritance. In Islamic Law terms, it called al-walā' or liberated slaves. The slave that freed by the master will gain the estate from him. However, slavery is now viewed as merely an academic discourse since it is considered no longer exist. Purpose/Objective Study: The purpose of this research is to find out the legal standing and legal effect of al-walā' in the Islamic Inheritance Law. Design/Methodology/Approach: This study is classified as a normative study. The study employed secondary data obtained from the literature review on al-walā,' and it analyzed descriptively using the conceptual approach. Findings: The study found that the substance for al-walā' in the Islamic Inheritance Law of inheritance is to liberate slavery through legal descent-based kinship (nasab ḥukmī). A person who frees the slaves holds al-walā' right. Accordingly, he has the right to inherit the slave's wealth when the slave dies and does not have any inheritors. Second, al-walā' brings a legal effect on the freed slaves, namely, the person who releases the slave, the slave's left wealth, guardianship, legal competence, and the inheritance itself.

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Nilai Keadilan dalam Sistem Kewarisan Islam

Cited by 2 publications

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Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

Religious Court Decisions Regarding the Revocation of Grant (Hibah) in the Perspective of Islamic Jurisprudence

Al-Walā` in Islamic Inheritance Law: Looking for Its Legal Effects

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