scholarly journals THE AWARENESS OF ISLAMIC INHERITANCE LAW IN MUHAMMADIYAH GROUPS AT MEDAN CITY

2018 ◽  
Vol 2 (1) ◽  
pp. 147
Author(s):  
Isnina Isnina ◽  
Farid Wajdi

AbstractThe purpose of this study is to describe people's understanding of the distribution of inheritance according to Islamic inheritance law. This research uses a descriptive method. The population of this study were Muhammadiyah residents in Medan City with a sample of 274 respondents, but the return and complete for data processing amounted to 234 samples.Based on the results of the study concluded that all levels of education elementary, junior high, high school, diploma and S1 or S2 no respondents who have low levels of legal awareness both male and female. However, most of Muhammadiyah of Medan City only know that the division of inheritance in Islamic law has been arranged, but the technique of dividing inheritance in Islam most of society do not master well. This is because they do not have a basic knowledge of how the division of Islamic inheritance law.The practice of dividing the inheritance of Muhammadiyah citizens of Medan City is very diverse, some are using the Islamic law, using customary law, using the method of family deliberation, by giving men and women equally. not a few finish to the Court made. Keywords: Legal Awareness, Division Of Inheritance,  Islamic Law

2019 ◽  
Vol 6 (1) ◽  
pp. 13-26
Author(s):  
Afidah Wahyuni

Abstract:The inheritance system in Islam reaps several differences of opinion, especially when faced with the values of religious humanism such as the value of brotherhood, freedom and equality. Differences of opinion are more visible in the concept of inheritance between men and women, 2: 1. However, in terms of humanism, justice cannot be separated from human life. Whereas Islam itself has its own meaning about justice; that fair does not always have to be the same. Therefore, the concept of 2: 1 between male and female heirs in Islamic law is not a form of injustice. This is due to the factors behind the development. One of them is the difference in the roles of men and women in family life. Where women get a living, while getting inheritance rights. Whereas men get inheritance rights, but still have to support the women who are in their dependents.Keywords: Inheritance Law, Inheritance Humanism, Islamic Law Abstrak:Sistem waris dalam Islam memang menuai beberapa perbedaan pendapat, apalagi bila dihadapkan pada nilai-nilai humanisme religius seperti nilai persaudaraan, kebebasan, dan persamaan. Perbedaan pendapat lebih terlihat pada konsep pembagian waris antara laki-laki dan perempuan, 2:1. Namun demikian, dalam paham humanisme, keadilan tidak bisa dipisahkan dari kehidupan manusia. Sedangkan Islam sendiri memiliki makna tersendiri tentang keadilan; bahwa adil tidak selalu harus sama. Oleh karena itu, konsep 2:1 antara ahli waris laki-laki dan perempuan dalam syariat Islam, bukan suatu bentuk ketidakadilan. Hal ini disebabkan karena adanya faktor yang melatarbelakangi pembangian tersebut. Salah satunya ialah perbedaan peran laki-laki dan perempuan dalam kehidupan keluarga. Dimana perempuan mendapat nafkah, sekaligus mendapat hak warisan. Sedangkan laki-laki mendapat hak warisan, namun masih harus menafkahi kaum perempuan yang berada di dalam tanggungannya.Kata Kunci: hukum waris, humanisme waris, hukum Islam


Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono

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.


2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law


2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.


1979 ◽  
Vol 45 (2) ◽  
pp. 555-561 ◽  
Author(s):  
Richard P. Youniss ◽  
Maurice Lorr ◽  
Edward C. Stefic

Study aims to test for the hypothesized dimensional structure of a revision and extension of the Orientation and Motivation Inventory (OMI) and to check for sex differences. The 12-scale inventory was administered to 307 high school and college men, and to 184 college women. The intercorrelations among the half scale scores for the men and for the women were separately factor analyzed and rotated. For men, 10 of the factors, and for women, 11 of the factors hypothesized were confirmed. Five second-order dimensions were identified in both men and women. The scores were next applied in discriminant function analyses to differentiate male and female subjects allocated to one of Holland's six personality types. The results provide some support for the validity of the motivational scales.


2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Sugiri Permana

Inheritance law is one of islamic law that always dinamically follow the time. The history showed when abu bakr period, two years after the death of prophet, has renewed inheritance law. Indonesias became an important part of inheritace law. This development isnt regardless from the thinker and scholar in indonesia. Among scholar who have a great influence on inheritance law in indonesia are hazarin and munawir sjadzali. both of figures are famous for their controversy. Hazarin famous for the thought the equality of between grandchildren male and female. while sjadzali famous her thought the equality between man and women. hazarin tend to think that is still near to the nash alquran, while munawir to deviates from nash provisions. In its development, the development of hazarin was adopted by inherentance law in Indonesia. the compilation of islam law has decided the existence of substitute heird in which one of them comes from the thought on Hazarin who positioned equally between granddaughter and grandson.


2020 ◽  
Vol 1 (3) ◽  
pp. 93-101
Author(s):  
Syukron Ma'mun ◽  
Khaerul Umam ◽  
Zamzami Zamzami

This research was conducted to prove the extent of changes in social norms among young people in a small town. The case study are the two cities: Indramayu and Cirebon. It aims to analyze the things that cause a change in norms of the youth association. The method is survey and observation, with quantitative data collected by questionnaire. The samples in this study were 300 respondents using quota sampling; i.e., 150 respondents drawn from high school in Indramayu, and the rests were taken from Cirebon. The analysis was done by scoring techniques. Based on the results there are changes in social norms among the youths. For about 91 percent in Indramayu male and female respondents have dated at least once. Meanwhile in Cirebon, the pattern shows only 80 percent. There is also evidence that 53 percent young men and women in Indramayu have ever been kissed, and 29 percent for case in Cirebon. One of the causes of the change in norms is the globalization involving technology improvement, especially spreading of internet. The survey revealed that the most dominant in influencing the youngster relationship such as kissing, hugging, holding hands and even sexual intercourse is porn video. Approximately at56 percent or 167 people of the 300 respondents get the motivation after watching it.    


Asy-Syari ah ◽  
2015 ◽  
Vol 18 (1) ◽  
Author(s):  
Komari Komari

This paper explains about the application of inheritance law in Indonesia which is strongly influenced by three law systems such as Islamic law, customary law, and Western law. At the beginning of Islam in Indonesia, Islamic law is very dominant in the implementation of Islamic inheritance law which is intergrated with culture and tradition among Muslim society. In Colonial period, the government of Dutch East Hindia started to establish Western law for European and East Asian people. But for the Muslim citizens in Indonesia was implement­ting the combination of Islamic law and customary law. In the independence period, the political of law has been changed through unification and codification of Islamic law into the Indonesia rules formally, including in the application of Islamic inheritance law. As long as this policy, Islamic inheritance law in Indonesia has a characteristic of the combination between Islamic law and customary law.


Author(s):  
Lani Regina Yulanda

The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected through field studies by conducting interviews with the respondents to obtain primary data and literature studies to obtain secondary data. The focus of this research is to find out and analyze inheritance over the community property in Melayu Siak community. The results of the study show that 1) there is a relationship between the kinship system and the existence of the community property. 2) the inheritance in Melayu Siak community is based on the Islamic inheritance law and its implementation is carried out based on the results of the deliberation.


2012 ◽  
Vol 49 (1) ◽  
Author(s):  
Kristen Monaco

Using data from surveys conducted in 2004 and 2006, we examine the work and earnings of drayage drivers at the ports of Los Angeles and Long Beach. Though possessing relatively low levels of education (most have a high school diploma or less), these drivers average approximately $35,000 in earnings net of truck expenses, working on average 11.2 hours per day. Owner operators experience increased net earnings once their trucks are fully paid for, leading them to buy older, more polluting trucks. This negative externality is currently being addressed by both ports by enacting new regulations regarding truck drayage in Southern California.


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