scholarly journals The implementation of Islamic Heritage Distribution in Community of Setu Subdistrict, South Tangerang Region

2021 ◽  
Vol 8 (5) ◽  
Author(s):  
Sodikin Sodikin
Keyword(s):  
Local Community ◽  
Inheritance Law ◽  
Inheritance System ◽  
To Receive

Islamic inheritance law is a law governing the distribution of inheritance left by the testator to the heirs, knowing the parts received from the inheritance for each heir who is entitled to receive it. In practice, what has happened in Setu Subdistrict, South Tangerang District, has not yet fully understood the inheritance system of Islam. The division of inheritance applied is a combination of Islamic inheritance with the customary inheritance of the local community, so that it still does not meet the requirements or conditions as an Islamic inheritance based on Sharia.  Keyword: Division of Inheritance, Testator, Heir, Inheritance   Abstrak Hukum kewarisan Islam merupakan hukum yang mengatur tentang pembagian harta warisan yang ditinggalkan pewaris kepada ahli waris, dengan mengetahui bagian-bagian yang diterima dari peninggalan untuk setiap ahli waris yang berhak menerimanya. Dalam prakteknya yang terjadi di Kecamatan Setu Kota Tangerang Selatan belum sepenuhnya memahami secara utuh tentang sistem kewarisan Islam, hal ini terlihat dalam kehidupan sehari-harinya. Pembagian warisan yang diterapkan merupakan perpaduan antara kewarisan Islam dengan kewarisan adat masyarakat setempat, sehingga masih belum memenuhi ketentuan atau syarat sebagai suatu kewarisan Islam yang berlandaskan Syariah.  Kata kunci: Pembagian Warisan, Pewaris, Ahli Waris, Harta Warisan

scholarly journals Sistem Waris Dalam Perspektif Islam dan Peraturan Perundang-undangan Di Indonesia

2018 ◽  
Vol 5 (2) ◽  
pp. 147-160
Author(s):  
Afidah Wahyuni
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Family Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Hereditary System ◽  
Inheritance System ◽  
The Right ◽  
To Receive

Abstract:Inheritance law according to Islamic law is one part of family law (al-Ahwalus Syahsiyah). This science is very important to learn so that in the implementation of the division of inheritance there is no mistake and can be carried out as fairly as possible, because by studying the Islamic inheritance law for Muslims, will be able to fulfill the rights relating to inheritance after being abandoned by Muwarris (heir) and submitted to the heirs who have the right to receive it. Thus, one can avoid sin, namely not eating the property of people who are not their rights, because there is no fulfillment of Islamic law regarding inheritance. The inheritance legal system according to the Civil Code does not distinguish between sons and daughters, between husbands and wives, they have the right to inheritance, and the sons share sons and daughters, the part of a wife or husband is the same as the child. When linked to the hereditary system, the Civil Code adheres to a bilateral descent system, where each person connects himself to the descendants of his father and mother, meaning that heirs are entitled to inherit from the father if the father dies and has the right to inherit from the mother if the mother dies.Keywords: Inheritance System, Islamic Law, Indonesian Legislatio Abstrak:Hukum Kewarisan menurut hukum Islam merupakan salah satu bagian dari hukum keluarga (al-Ahwalus Syahsiyah). Ilmu ini sangat penting dipelajari agar dalam pelaksanaan pembagian harta waris tidak terjadi kesalahan dan dapat dilaksanakan dengan seadil-adilnya, sebab dengan mempelajari hukum kewarisan Islam bagi umat Islam, akan dapat menunaikan hak-hak yang berkenaan dengan harta waris setelah ditinggalkan oleh muwarris (pewaris) dan disampaikan kepada ahli waris yang berhak untuk menerimanya. Dengan demikian, seseorang dapat terhindar dari dosa yakni tidak memakan harta orang yang bukan haknya, karena tidak ditunaikannya hukum Islam mengenai kewarisan. Sistem hukum kewarisan menurut KUHPerdata tidak membedakan antara anak laki-laki dan anak perempuan, antara suami dan isteri, mereka berhak terhadap harta warisan, dan bagian anak laki-laki sama dengan bagian anak perempuan, bagian seorang isteri atau suami sama dengan bagian anak. Apabila dihubungkan dengan sistem keturunan, maka KUHPerdata menganut sistem keturunan bilateral, dimana setiap orang itu menghubungkan dirinya dengan keturunan ayah maupun ibunya, artinya ahli waris berhak mewaris dari ayah jika ayah meninggal dan berhak mewaris dari ibu jika ibu meninggal.Kata Kunci: Sistem Waris, Hukum Islam, Perundang-undangan Indonesia

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals MUSLIM AWARENESS IN SCIENCE OF FARAIDH SYSTEMS

2019 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
Khifni Kafa Rufaida
Keyword(s):  
Data Collection ◽  
Qualitative Analysis ◽  
Analytical Methods ◽  
Field Research ◽  
Public Knowledge ◽  
Analysis Method ◽  
Inheritance Law ◽  
Muslim Society ◽  
Inheritance System ◽  
The World

Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true Muslim society must obey Mawaris jurisprudence is actually more leave even forget this science. Because it is no longer a concern for Muslims, finally arose some disputes between families which is really due to the neglect of science faraidh which has been arranged by God for the benefit of his people. It is important for the writer to contribute how to build awareness of the existence of Muslim faraidh science in the division of inheritance system. In this study, the method used to address the problem is normative. Methods of data collection in this research is done by: Library Researchand Field Research. The analytical methods used this research is qualitative analysis method. Awareness of the importance of the science of inheritance can be grown in a way memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh to apply science in the division of the inheritance. The author argues that this faraidh science should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a justifiable manner, so that the atmosphere can be established brotherhood. Throughout the peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The author thinks that the lack of public knowledge about the law faraidh a major cause of the low awareness of the use of science in the division of islamic inheritance/faraidh.

scholarly journals Implementasi Nilai-Nilai Dakwah Ekologis dalam Program Pengembangan Kampung Wisata Matras Kelurahan Sinar Baru Kabupaten Bangka

2018 ◽  
Vol 8 (2) ◽  
pp. 259-274
Author(s):  
Ichsan Habibi
Keyword(s):  
Local Community ◽  
Development Program ◽  
Appropriate Technology ◽  
Religious Institutions ◽  
Tourism Sector ◽  
Sociocultural Characteristics ◽  
The Subject ◽  
To Receive

Positive contributions and trends in the tourism sector on Bangka Island, especially in the Matras Tourism Village, need to receive appreciation and support from all stakeholders through the management of environmentally friendly and sustainable tourist objects / attractions. To realize this mission, it is necessary to do ecological propaganda (religious values ​​originating from the Qur'an and Hadith) that are in accordance with the sociocultural characteristics of society. This issue is the subject of discussion in this study, especially regarding the values ​​of ecological preaching implemented in the development program of the Mattress Tourism Village. For this reason, a descriptive-qualitative study was conducted by collecting purposive-snowball data from the sample. Furthermore, the collected data was analyzed descriptively-qualitatively so that the values ​​of ecological preaching that had been implemented were identified and the form and process of implementation by the Matras Tourism Village community. The findings show that there are five types of ecological preaching values ​​that have been implemented, namely al-Is (justice), al-Tawazun (balance), al-Intifa 'wa laa al-Fasad (taking benefits without damage), ar-Riayah wa laa al -Israf (nurturing without exaggeration), and al-Tahdits wa al-Istikhlaf (renewal). Unfortunately, the value of al-Tahdits wa al-Istikhlaf is still not optimal due to the quality of science and technology. However, the local community has become more aware and intelligent about the importance of ecological preaching values ​​in the development of Mattress Tourism Village. In the future, besides needing to intensify and harmonize the role of ulama and Umara, it must also be carried out to increase the capacity of religious institutions, knowledge and appropriate technology for program implementers, and to involve community participation in planning, implementing and evaluating the Matras Tourism Village development program.

scholarly journals LEGITIEME PORTIE DALAM HUKUM WARIS ISLAM DI INDONESIA

2015 ◽  
Vol 1 (2) ◽  
Author(s):  
Shintiya Dwi Puspita ◽  
Fabian Fadhly
Keyword(s):  
Islamic Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Absolute ◽  
Adat Law

Indonesia recognizes three different inheritance system based respectively on the Civil Code, Islamic law and adat law. This article discusses the regulation concerning legitieme portie, the absolute right of the successor (heirs) which by law cannot be disregarded by the benefactor. The question here is whether legitieme portie, expressly regulated in the western inheritance law may also be found in the Islamic inheritance system? The second question concerns the possibility of – within the Islamic inheritance system – through the application of the legitieme portie - to deny the wife and/or parents’ right to the inheritance. This research argues that the Islamic inheritance system contains rules which cannot be disregarded by the benefactor and at the same time guarantee the wife’s right to the inheritance left by the benefactor.

scholarly journals Pewarisan Menurut Hukum Waris Islam Terhadap Sistem Kekerabatan Matrilineal Minangkabau

Notaire ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 197
Author(s):  
Ira Damayanti Putri ◽  
Dhea Amelisca ◽  
Sarfia Nengsih
Keyword(s):  
Indigenous People ◽  
Family System ◽  
Inheritance Law ◽  
Inheritance System ◽  
The Family

Minangkabau indigenous people if the family does not have children, especially children, especially girls, it is permissible to adopt children as successors. The position of daughters in the family in the Minangkabau community is very important in terms of the continuation of the clans from a family, this is because the Minangkabau people generally adhere to the Matrilineal family system. But in its development with the entry of Islam in Indonesia, most of the Minangkabau people were influenced by the teachings of Islam, so that in the position of heirs there was a position of heirs that contradicted the Islamic inheritance law with customary inheritance law in the Minangkabau community. The problem in this research is Islamic inheritance law towards customary inheritance law in Minangkabau people. The results of this study are that the Minangkabau community after the entry of Islam, implemented two inheritance systems, namely for high inheritance inherited by the Matrilineal collective inheritance system, for low inheritance inherited with Bilateral individual inheritance systems.

scholarly journals Capitalizing Community: Waste, Wealth, and (Im)material Labor in Kampala

2019 ◽  
Vol 95 ◽  
pp. 95-113
Author(s):  
Jacob Doherty
Keyword(s):  
Local Community ◽  
Spatial Relations ◽  
Community Based ◽  
Immaterial Labor ◽  
Community Based Organizations ◽  
Gender And Education ◽  
Urban Livelihoods ◽  
Urban Waste Management ◽  
Racial Hierarchies ◽  
To Receive

AbstractBiomass briquettes have emerged as a development silver bullet, supposedly converting waste to wealth and tackling crises of unemployment, urban waste management, and rural deforestation. Briquettes have captured the imagination of international environmental NGOs operating in many African cities who promote briquette production, partnering with local Community-Based Organizations (CBOs) to improve urban livelihoods and sanitation. Based on ethnographic research conducted in Kampala, Uganda, this article examines the entanglement of material and immaterial labor in the production of briquettes. The outcome of these production processes is to capitalize Community, transforming everyday socio-spatial relations into an agential entrepreneurial subject fit to receive aid and carry out development. This has the additional effect of exacerbating differences of gender and education within the CBO, alienating the CBO from the rest of Bwaise, and reproducing the racial hierarchies of the development economy.

HAK WARIS ANAK PEREMPUAN TIONGHUA DALAM PRESFEKTIF HUKUM (STUDI DI KABUPATEN SEKADAU)

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Michell Eko Hardian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Legal Pluralism ◽  
Customary Law ◽  
Essential Difference ◽  
Inheritance Law ◽  
High Position ◽  
Middle Way ◽  
Inheritance System ◽  
Long Time

The Tionghoa community is one ofLegislation of Civil Law (Burgelijk Wetboek), it is displaying the existence of legal pluralism in Indonesia.the societies that populated for a long time and it is almost evenly spread in Indonesia. In several case of Tionghoa communities especially in terms of inheritance, a Tionghoa customs is continued to be used which are intended to regulate the differences rghts of boys and girls. In Tionghoa culture, boys are at high position because they are the successors of the clan (clan), contrariwise in Legislation of Civil Law (KUH Perdata) the position of girls and boys are equal. The gap of this differences fascinates the author to apply a research that will be published as a journal with the identification of the problem: How is the inheritance rights of Tionghoa girls toward the inheritance distribution in a legal perspective.This research uses a sociological juridical approach as means of a qualitative method. It is intended to provide a detailed explanation of the phenomenon which difficult to convey in form of quantitative method, to describe the differences between inheritance law that applies to Tionghoa communities and the inheritance legal system according to theThe results of this research confirm an essential difference between the customs and habits of Tionghoa communities and the inheritance legal system according to the Legislation of Civil Law (Burgelijk Wetboek), namely the Tionghoa Indonesian community assign the son as a truly successors of the inheritance of their parents. Therefore, the position of sons is more higher than girls because of the inheritance of the clan. In other hand, the girl does not obtain rights to inherit because the girl will follow her husbands when married.In Legislation of Civil Law (The position of girls and boys are equals, because the Legislation of Civil Law especially adheres to an individual inheritance system, bilateral and parental. In addition to these, the Legislation of Civil Law also know the terms of absolute part of the inheritance (legitime portie), whereas according to customary law; the position of Chinese is different, where the position of boys is higher than girls, this is because boys will take a responsibility to carry the name of their clan (clan) endlessly to the next descendants.The author recommend suggestions consider with with today’s developments and to accomplish the demands of a sense of justice, it is better for girls inherit without being discriminated. Meanwhile, the customs and culture are entrenched. However, a compromise is the middle way as resolution. It is consider with the inheritance law of Indonesia occurs a legal pluralism that influenced by religion, ethnicity and customs, therefore customary laws that was born from the traditions of the Tionghoa community enable to be enforced.

Transfusion Medicine for the Practicing Pathologist/Physician With Responsibilities for the Transfusion Service

2007 ◽  
Vol 131 (5) ◽  
pp. 688-689
Author(s):  
Kathleen Sazama
Keyword(s):  
Geriatric Patients ◽  
Local Community ◽  
Standard Of Care ◽  
Daily Basis ◽  
Transfusion Practice ◽  
Transfusion Medicine ◽  
Blood Banking ◽  
Hands On ◽  
Rapid Pace ◽  
To Receive

Abstract Transfusion medicine is a challenging and complex medical practice that occurs in virtually every hospital, except perhaps rehabilitation and mental health facilities, on a frequent, often daily, basis. The knowledge base required to effectively meet the standard of care for transfusion practice is increasing at a rapid pace. It is not unusual for patients with successful ABO changes due to bone marrow or stem cell transplantation to be treated in their local community hospital or even to receive such transplantations much closer to home than previously. Routine transfusions for patients with anemia, hemoglobinopathies, elective surgeries, and trauma, as well as the special needs of neonates and geriatric patients, are provided in hospital transfusion services of all sizes. In some hospitals, there are board-certified physician specialists in transfusion medicine who provide hands-on consultative services to their colleagues, whereas in other facilities, the technical specialists (including blood banking and specialist in blood banking certified personnel) shoulder much of the burden of providing these services.

Tinjauan Hukum Islam Terhadap Penerapan Hukum Waris Adat Di Desa Margajaya Kecamatan Lemahsugih Kabupaten Majalengka

2020 ◽  
Vol 11 (1) ◽  
pp. 13-32
Author(s):  
Devi Nurmilasari ◽  
Yoyo Hambali
Keyword(s):  
Quantitative Research ◽  
Islamic Law ◽  
Field Research ◽  
Secondary Data ◽  
Primary Data ◽  
Legal Rights ◽  
Adopted Children ◽  
Research Activity ◽  
Inheritance Law ◽  
Inheritance System

The application of inheritance law in the indigenous people of Margajaya, Lemahsugih Subdistrict,Majalengka Regency, which basically still adheres to the customs and traditions that they follow fromtheir ancestors. The inheritance system used in Margajaya customary inheritance uses the Parentalsystem, in which the father and mother are equally strong, in terms of distribution and application ofinheritance to the Margajaya customarycommunity. This type of research is Field Research, and themethod uses the Mix Methods method. Namely a research method by combining qualitative researchmethods with quantitative research in a research activity, so that more comprehensive, valid, reliableand objective data will be obtained. The data used in this study are primary data obtained frominterviews and documentation while secondary data is obtained from Liberal Research. The samplestaken in this study were the followers of Packu, Akur and Segendong Sepikul, while for the populationthey were more inclined towards the customary tradition, namely Akur. In data collection techniques,researchers used interview data, observation and documentation. And for the Data Analysis Techniquein its stages, observation, editing, classification, re-verification, analysis and drawing conclusions.The results of the study found that indigenous wans in Margajaya village are using parental customarylaw which is only focused on children and adopted children. The share of the heir’s parents only as agift for his parents, is not included in the wansan. The distribution of the wansan property was oftenpostponed by reason of using the children until they got married. The factor behind the occurrenceof this interview is the lack of knowledge of Islamic legal rights. The implementation of the law thatoccurs in Margajaya village, when viewed from Islamic law, is basically not in accordance withIslamic law. Things like this are considered normal and common in Margajaya society because it is atradition from generation to generation and their ancestors. The custom that is used by the communityin the distribution of inheritance cannot be used as a legal benchmark because it is against Nash, eventhough the purpose of an inheritance is carried out in accordance with Maqasıd Al Syan ah, namelyjustice, it is still not acceptable to Islam

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