Tinjauan Hukum Islam terhadap Kewarisan Kelem pada Masyarakat Kecicang Islam

Kelem hereditary is one of the customary laws in the matter of the inheritance rights of grandchildren which is the result of the agreement of former community leaders in Kecicang Islam Village, Bungaya Kangin Village, Bebandem District, Karangasem Regency, Bali Province. Kelem comes from the Balinese language which means drowned. In terms of hereditary, kewarisan kelem means a grandson whose father or mother (the heir) died before the grandfather or grandmother (the inheritor) is said to have drowned (blocked) from inheritance rights because it is hindered by the parents’ brothers who are still alive. This is in contrast to the hereditary law system in Indonesia in the form of Islamic Law Compilation article 185 paragraph 1, which explains that, the heir who dies before the inheritors can be replaced by his child. The research method used was field research. This research was a descriptive analytic with juridical normative approach. Data collection methods used include interviews and documentation. After the data was collected, it was analyzed in a descriptive qualitative way with the 'urf and the theory of substitute heirs. The results showed that kelem hereditary is one of the customary laws as the result of the agreement of former community leaders in Kecicang Islam. This contradicts both Sunni and Shi'ah hereditary law systems as well as the hereditary laws in Indonesia.

WHAT WILL BE THE END OF THE AMERICAN REPUBLIC IF AMERICAN WOMEN REFUSE TO BECOME MOTHERS?-AS VIEWED IN 1912

The editorial1 below appeared in the April 1912 issue of Pediatrics (N.Y.). Both the florid style in which it is written and the sentiments it expresses will seem antediluvian to most modern readers. The majority of American women of today look upon maternity as undignified and a menace to a wife's liberty. They consider it an unwelcome invocation of duty and responsibility. So strong is this unhealthy sentiment prevalent in the rural districts, as well as in the Metropolitan centers that the gynecologist is eagerly sought and urged to do an operation which makes maternity impossible. If conception has occurred then these women seek a physician, devoid of moral obligation, and urge him to perform an operation which will rid her of the responsibility of motherhood. The individual women is autocrat of her own decisions, but when she takes the vows of the marriage law, however broad or simple its words, there goes with this vow an injunction of motherhood. The woman who unites herself in marriage to a man and then refuses to be mother of his children unless there are moral, physical or hereditary laws-which cannot in justice to the unborn be propogated in the human race, has obtained a husband, a man to pay her bills, and to support and protect her through the subterfuge and methods of a common cheat. The man and woman unwilling to be father and mother to children are both unworthy of a place in Society and should not marry. Let their taints, whether of blood, or body or morals die with their own soul's death.