Putusan Hakim Anak Perempuan Mahjub Saudara Pewaris Dalam Pewarisan Di Pengadilan Agama Lombok Barat Beserta Implikasinya

Kaswadi, Kaswadi

doi:10.52947/morality.v7i2.210

Cited by 2 publications

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“…In everyday life, this treasure has a very important meaning for everyone because this treasure can be used to live daily human life. Article 35 of this Law not only regulates joint property but also regulates property before marriage, where the sound of article 35 is as follows (Harimurti, 2021) : 1. Property acquired during the marriage becomes joint property 2.…”

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confidence: 99%

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Inheritance Rights in Interfaith Marriages According to Inheritance Law

Tasya Putri,

Djaja

2023

Edunity

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Marriage is an important event in everyone's life. But in reality, there are still many people who marry with different religions, which in the end interfaith marriages create various kinds of problems, such as a person's part in obtaining inheritance or what is also known as an inheritance from heirs of different religions will be affected or participate. change, besides that the problem that often occurs because of interfaith marriages is that a person cannot get an inheritance because the rules of each inheritance law that apply and regulate inheritance have their own rules which are different from one another. In writing this law, it will be explained what is the position of a person as in decision number 16 K/AG/2010 which is used as an example in writing this law, and how the suitability between the decision given by the judge and the inheritance regulations that exist and apply in Indonesia. the author will use the Normative Juridical Method/literature review by reading and analyzing both books, articles, the internet, and applicable laws and regulations. The brief conclusion that the author can give here is that the position of a person who has a different religion from the heir to get an inheritance can be determined by the rules contained in each inheritance law, and the suitability between the judge's decision given in decision Number 16 K/AG/2010 Even though the judge has reformed the law by giving a mandatory will to heirs of different religions, The obligatory will cannot be blamed because the obligatory will itself has the goal of obtaining justice

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Section: Resultsmentioning

confidence: 99%

“…Where the inheritance system is: 1. Customary inheritance law that governs inheritance is carried out by native Indonesians and there has been no influence from Islamic Law (Harimurti, 2021). 2.…”

Section: Resultsmentioning

confidence: 99%

Inheritance Rights in Interfaith Marriages According to Inheritance Law

Tasya Putri,

Djaja

2023

Edunity

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“…Among these reforms, such as the problem of joint property (Darussamin & Armansyah, 2017, pp. 348-350;Nurdin, 2019), surrogate heirs (Dilapanga et al, 2021), mandatory will (Erniwati, 2018), and the issue of female descent hinders the testator's brothers and sisters to inherit as a manifestation of the renewal of the interpretation of the concept of kalalah (Kaswadi, 2021).…”

Section: The Introductionmentioning

confidence: 99%

The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy

Bachri

2022

nurani

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This study aims to provide an explanation of the defense against criticism and blasphemy for the differences in the male and female divisions and their arguments. This research is a normative study with a conceptual approach. The primary and secondary data collected were then analyzed using a content analysis approach to provide an overview of the defense and arguments for the application of male and female share differences in Islamic inheritance law. The results of the study show that criticism and blasphemy from those who reject the difference in inheritance distribution between men and women cannot be justified because not in all cases do women get a smaller share than men. There are many cases where women get the same and even bigger share than men. Moreover, justice also cannot be interpreted as equal distribution, considering that in scientific terms, the term distributive justice is also known. The interpreters argue that the provisions of section 2:1 between men and women are a decree from Allah that must be carried out by arguing that the statements in the verses of the Qur'an are clear and qath'i. The demand for new ijtihad cannot be justified considering that in ushul fiqh there are rules which state that there should be no ijtihad in the provisions of qath'i texts.

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Putusan Hakim Anak Perempuan Mahjub Saudara Pewaris Dalam Pewarisan Di Pengadilan Agama Lombok Barat Beserta Implikasinya

Cited by 2 publications

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Inheritance Rights in Interfaith Marriages According to Inheritance Law

Inheritance Rights in Interfaith Marriages According to Inheritance Law

The Differences of Men's and Women's Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy

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