Record Details

Progresivitas Hukum Kewarisan Beda Agama di Indonesia Berbasis Keadilan dan Maṣlahah

International Journal Ihya' 'Ulum al-Din

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Field Value
 
Title Progresivitas Hukum Kewarisan Beda Agama di Indonesia Berbasis Keadilan dan Maṣlahah
 
Creator Rohmawati, R
 
Subject Inheritance; Justice; Maṣlahah; Religious Differences
 
Description The Division of the inheritance of the most crucial of them, there is a difference of religion between the heirs and the muwarriṡ, both the difference when muwarriṡ was still alive or when a heir has died. Indonesia, Islamic law as contained in the compilation of Islamic law (KHI), have determined that religious differences can be a hindrance to each other can be inherited. Along with the development of the times, the provision in the KHI was not considered relevant to the needs of today's society, so the necessary progressive efforts to respond to the problem of Islamic inheritance laws in Indonesia. Complexity and plurality of society Indonesia demanding the Islamic jurist to do the renewal of the law, as the religious court judges has been made in resolving the different religious inheritance matters by using the rechtsvinding function justified by positive law and compile Islamic law, when there is no law that governs. The renewal of the law in the form of the granting of the estate to the heirs of muwarriṡ Muslims from non-Muslims and the granting of probate wajibah to non-muslim heirs of muwarriṡ of Islam. This is done for the sake of Justice and benefit of tegaknya in human life.
 
Publisher Universitas Islam Negeri (UIN) Walisongo Semarang, Indonesia
 
Contributor —
 
Date 2018-11-02
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
—
 
Format application/pdf
 
Identifier https://journal.walisongo.ac.id/index.php/ihya/article/view/4047
10.21580/ihya.20.2.4047
 
Source International Journal Ihya' 'Ulum al-Din; Vol 20, No 2 (2018); 217-240
2580-5983
1411-3708
 
Language eng
 
Relation https://journal.walisongo.ac.id/index.php/ihya/article/view/4047/Progresivitas%20Huku
 
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