LESTARI, SISKA (2018) PELAKSANAAN PEMBAGIAN WARIS BAGI AHLI WARIS YANG BERAGAMA NON-ISLAM DALAM PEMBAGIAN WARISAN ATAS DASAR KOMPILASI HUKUM ISLAM. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
ABSTRACT Legacy is a very complicated problem. Not infrequently this inheritance problem causes conflict among fellow heirs, including if one of the heirs is non-Islamic. The Compilation of Islamic Law stipulates that people who are non-Islamic cannot inherit assets from heirs who are Muslim, so that non-Islamic heirs file a claim and cause disputes related to the inheritance. Therefore, it is necessary to solve efforts that can provide justice for the heirs and in order to realize the maslahah for the people, that is with the mandatory testament. The purpose of this study is to find out, describe, and examine the imple-mentation of inheritance distribution for heirs who are non-Islamic according to the Compilation of Islamic Law, as well as the solution for the implementation of inheritance distribution for non-Islamic heirs according to the Compilation of Islamic Law. This research uses sociological approach, which is descriptive analysis, with the data used is primary data and secondary data, namely through field study and literature study, which then analyzed qualitatively, using the theory of legal protection, theory of justice, and maslahah ummah theory. The results of the research indicate that : (1) the implementation of the division of inheritance for non-Islamic heirs according to the Compilation of Islamic Law is based on Article 171 letter b and letter c which affirms that the heir and heirs must be Islam, whose Islamization can be known from identity card or acknowledgment and experience or testimony, whereas for infants or children who are immature, the determination of Islam does not follow the religion of the father or his environment as the provisions of Article 172; (2) weaknesses in the implementation of the division of inheritance for the non-Islamic heirs according to the Compilation of Islamic Law caused a dispute because the non-Muslim heirs will feel unfairly treated, causing conflict within the family of the testator, ultimately raising the suit of the heir non-Muslims, and a mandatory will for non-Muslim heirs is one way to bridge disputes in the family caused by the division of inheritance. Keywords : Heirs, Non-Muslims and Compilation of Islamic Law
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 30 Apr 2019 02:04 |
| Last Modified: | 30 Apr 2019 02:04 |
| URI: | http://repository.unissula.ac.id/id/eprint/12112 |
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