Inheritance Law
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2021 ◽  
Vol 9 (209) ◽  
pp. 1-30
Thiago Rodrigues Fernandes

The present work aims to analyze whether the children conceived after the death of the parent by homologous fertilization have the right to inheritance, seeking to conceptualize the institutes of inheritance law and artificial insemination, analyzing the constitutional principles and the sources of law, so that find the best answer on the topic. The article will be divided into 3 parts. The first will try to explain the succession law (master of the law that regulates the transfer of assets, rights and obligations to the heir after the death of an individual) in the light of Brazilian legislation, explaining the existing Types of Succession. The second part of this article will address Assisted Human Reproduction, pointing out the different conceptions of the concept of family that has undergone significant modification over time. In addition, the second part will also deal with Artificial Insemination, which is an assisted reproduction treatment that expands the possibilities of fertilization of the egg, as well as its divisions. It also points out the principles of Brazilian law applicable to assisted human reproduction. The last part of this work will analyze post mortem artificial insemination and the effects on inheritance law based on legislation, doctrine and principles applicable to the subject, pointing out the three doctrinal currents that emerged with the aim of filling this legislative vacuum. This research is categorized as explanatory, as it aims to identify the factors that determine and contribute to the succession of the post mortem inseminated child, the procedure used in this study will be the bibliographic research.

2021 ◽  
Vol 8 (5) ◽  
Sodikin Sodikin

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

2021 ◽  
Vol 2 (3) ◽  
pp. 588-593
I Gede Sukadana ◽  
I Nyoman Putu Budiartha ◽  
Diah Cayatri Sudibya

Inheritance law is very closely related to the scope of human life, because every huma n being drill definiiely experience a legal event called death related to the problem of how to manage and continue rights and obligations ofa person who dies. This siudy aims to identify a wife's rights io joint property in a marriage that has been broken up due to death. The be of research used is a normative legal research method with a siaiuiory approach. Technique of collecting legal serials uses Documeiiiaiion Studies and Literature Studies. Results of windy show that the wife's right to joint property in a marriage that is broken up due to death, namely the wife has a half right to propert y because the property is obtained from results obtained from cooperation carried out by wife and husband who are already bound in marriage from the beginning of marriage to end. my husband has passed array. The legal remedy that can be taken by the wife is litigation, which is the seiilement of disputes in court and now-litigation, namely the senlement of dispWee outside the conn.

2021 ◽  
Vol 3 (2) ◽  
pp. 135-142
Siti Nuraidah ◽  
Ani Yumarni ◽  

Indigenous peoples are legal subjects recognized for their traditional rights and other rights by the 1945 Constitution and other laws and regulations. Sunda Wiwitan is understood as the original Sundanese religion or early Sundanese which is the naming of the belief system used by people of Sundanese descent who still confirm the spiritual teachings of the Sundanese ancestors. Humans are legal subjects, bearers of rights and obligations from the moment of birth and end when humans die. From the event of a person's death, there are legal consequences, namely how to resolve the rights and obligations of the person's death which is regulated by inheritance law. This is an empirical juridical method or non-doctrinal study, looking at the validity of a statutory regulation and legal norm originating from religion, which lives and develops in a group of indigenous peoples. The purpose of this study was to determine and examine the acculturation of customary inheritance law and Islamic inheritance law in the Sunda Wiwitan community and to determine the form of application of Islamic inheritance law to the Sunda Wiwitan indigenous people in Kasepuhan Ciptagelar with Kampung Urug. The results show that the acculturation of the application of inheritance law to the Sunda Wiwitan community, Kasepuhan Ciptagelar and Kampung Urug regarding the application of Islamic inheritance law is that Islamic inheritance law is carried out by prioritizing deliberation and consensus in the family of the heirs of the Sunda Wiwitan Indigenous Peoples. followers of Islam. As for customary law, the Sunda Wiwitan people make it a norm and culture that is carried out in social life.

Saidova Sevara ◽  

In this article, the subject of inheritance law, which is one of the basic sciences of Islamic law, is covered by Qur’anic verses and hadiths. In the article, Niso, Anful, verses related to the inheritance of the Ahzab Sura, Sunani Termiziy and a number of hadiths come from Sahihi Bukhari. 2 decrees on the issue of the community and the situation related to it are also stated.

Wardatun Nabilah ◽  
Deri Rizal ◽  
Arifki Budia Warman

<p dir="ltr"><span id="docs-internal-guid-41f11696-7fff-db33-7f42-a6fcf5441a61"><span>A Compilation of islamic law “Kompilasi Hukum Islam”, which was ratified through Presidential Instruction (or now decree) No. 1 of 1991, is a modern codification of Islamic individual and family law that becomes the standard of judges' reference in resolving cases in religious courts. One of the critical parts of KHI is inheritance, which is the main focus of this paper. The article on inheritance in KHI is interesting for further review because it has a different legal provision to fiqh or qanun. Through the study of libraries with a philosophical approach, this paper intends to analyze the provisions that become a barrier to inheritance from the perspective of Maqāṣid al-Sharia. This study shows that the obstacles to obtaining inheritance for reasons of persecution and slander, as mentioned in article 173 KHI, are some barriers to one obtaining inheritance that are not discussed as a barrier to inheritance in the classic fiqh book of severe persecution and slander. Through literature research, it is understood that the decree of persecution and slander is a barrier to inheritance in line with the Maqāṣid al-Sharia, namely to protect the soul (hifz al-nafsi), then guard the property (hifz al-māl) and further maintain self-respect (hifz al-'Ird) Thus. However, severe persecution and slander are not listed in classical Islamic jurisprudence as a barrier to inheritance. With the study of Maqāṣid al-Sharia, these two things are very appropriate to be applied in the rule of inheritance law, especially in Indonesia, so that these two acts cause very much harm to the victim (heir).</span></span></p><div><span><br /></span></div><br /> <br />“Kompilasi Hukum Islam”, yang disahkan melalui Instruksi Presiden No. 1 Tahun 1991, merupakan kodifikasi modern hukum perseorangan dan keluarga Islam yang menjadi standar rujukan para hakim dalam menyelesaikan perkara di pengadilan agama. Salah satu bagian penting KHI adalah kewarisan, yang menjadi fokus utama dalam tulisan ini. Pasal tentang waris dalam KHI menarik dikaji lebih lanjut karena memiliki ketentuan hukum yang berbeda dengan fiqh atau qanun. Melalui studi pustaka dengan pendekatan filosofis, tulisan ini bermaksud menganalisis ketentuan yang menjadi penghalang warisan dari perspektif Maqāṣid al-Syarī’ah. Hasil studi ini menunjukkan bahwa halangan mendapatkan warisan karena alasan penganiayaan dan fitnah, sebagaimana yang disebutkan dalam pasal 173 KHI terdapat beberapa penghalang seseorang mendapatkan hak waris yang tidak dibahas sebagai penghalang kewarisan dalam kitab fiqh klasik yaitu penganiayaan berat dan fitnah. Melalui penelitian kepustakaan, dipahami bahwa ketetapan penganiayaan dan memfitnah sebagai penghalang kewarisan sejalan dengan Maqāṣid al-Syarī’ah yakni yakni untuk menjaga jiwa (hifẓal-nafsi), kemudian  menjaga harta (hifẓal-māl) dan selanjutnya menjaga kehormatan diri (hifẓ al-‘Irḍ) Maka, sekalipun penganiayaan berat dan fitnah tidak tercantum dalam fiqh klasik sebagai penghalang kewarisan, namun dengan kajian Maqāṣid Syarī’ah, kedua hal ini sangat pantas diterapkan dalam aturan hukum waris, khususnya di Indonesia. Hal ini disebabkan karena dua perbuatan ini menyebabkan sangat banyak mudarat kepada korban (pewaris).

2021 ◽  
Vol 28 (1) ◽  
pp. 141
Hasan Bisri ◽  
Ayi Ishak Sholih Muchtar

This study aims to compare the inheritance law in Egypt with the existing inheritance law in the compilation of Islamic law in Indonesia. More specifically, this comparative study focuses on the issue of mawani’ irtsi (barrier of inheritance) and inheritance of dzaw arham (relatives of male or female). This is a qualitative research based on library research. The content analysis method is used to describe mawani’ irtsi and dhaw arham in the inheritance laws of Egypt and Indonesia. The results of this study indicate differences between the inheritance laws of Egypt and Indonesia; first: the compilation of Indonesian inheritance law always adjusts to the times, while the Egyptian inheritance law is still traditional by maintaining the views of classical scholars. This is evident when it explained one barrier to inheritance namely religious differences; second: Indonesian inheritance legal material explored classical books, studied modern legislation, and observed local traditions. This can be seen when it explained that men and women get the same share as long as the basis of their agreement. While Egyptian inheritance laws do not take into account modern legislation and do not adopt local traditions; third: the material description in the compilation of inheritance law in Indonesia is concise and sometimes general in nature while the description of the material inheritance law of Egypt is more detailed. This is seen when it explained one of the barrier of inheritance is intentionally killing an heir. In the inheritance law of Egypt, it is explained in detail about types of killings which are a barrier to inheritance, while in the compilation of Indonesian inheritance law is explained in general.

Tat'yana Filippova

The last will issues are always relevant, since they are associated with the desire and ability of a citizen to provide financially for their heirs. The current legislation takes into account the will of the testator and reflects, to some extent, the changes that occur in society. The present article features the current inheritance law of the Russian Federation, which, as it appears, do not reflect the special legal status of an individual entrepreneur. The authors analyzed statistical data confirming the place of individual entrepreneurs in the modern economy. The legislation on inheritance underestimates this fact, which leads to a violation of people’s rights and negative consequences in the business sphere. The research objective was to consider the issues of inheritance after the death of an individual entrepreneur, taking into account the preservation of the business, the stability of civil circulation, and the interests of the testator. The authors examined the existing approaches to the legal status of an individual entrepreneur and various cases of controversial conclusion about the property inheritance. They also assessed the effectiveness of legal regulation of inheriting the property of an individual entrepreneur and developed options for preserving the business, including a trust management agreement for inherited property. However, the notarial practice in this regard remains quite inconsistent. The paper contains several proposals for improving the current inheritance law.

2021 ◽  
Vol 8 (1) ◽  
pp. 33-49
Muhammad Nasir, Khalidah

In Acehnese society, the implementation of inheritance law is influenced by customary law living in the community, the heirs are in accordance with what has been stipulated in faraid law, but in the distribution of wealth sometimes it does not follow faraid law, but according to mutual agreement. Determination of inheritance in the Acehnese community in Simpang Ulim District, whose majority Muslim community, in terms of handling inheritance more depends on the heirs, this method is called the familial way and can run well without conflict, for example, the parties agree to divide the number of the expert's assets. the inheritance for boys is equal to that given to girls. This research is a field study with a qualitative approach. The primary sources in this study were informants from the Simpang Ulim Community whose data were taken by random sampling. The results of the study concluded two things; First, the mechanism for implementing the distribution of the inheritance of the Acehnese people in Simpang Ulim District is carried out in two ways, firstly by purely Islamic law, and by means of kinship (custom). The reason for the implementation of the family system is because the majority of people do not understand the law of inheritance in totality in Islam. Second, the application of Islamic inheritance law to the implementation of inheritance law in the Acehnese people in Simpang Ulim District is complementary and side by side with customary law. On this occasion, the heirs will ask for guidance from religious leaders by kinship consensus.

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