SEJARAH KEWARISAN ISLAM DAN TERWUJUDNYA HUKUM KEWARISAN DI INDONESIA
Jurnal Studi Islam: Pancawahana
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Title |
SEJARAH KEWARISAN ISLAM DAN TERWUJUDNYA HUKUM KEWARISAN DI INDONESIA
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Creator |
Affandy, Ahmad
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Description |
man who died and left the property, then his property to be inherited, In Islamic law. It should be in accordance with applicable law called the law of inheritance, there are several conditions that must be met and understood first, because it will affect the division of the estate. We will describes the Islamic inheritance law of the Islamic historiography, which includes a brief history of the Islamic inheritance, inheritance in the pre-Islamic heritage in the early days of Islam, as well as laying the basis of Islamic inheritance law. So prospects that can know the problems that exist within the Islamic inheritance, as reasons to accept the inheritance, hitch received an inheritance and rights before the distribution of inheritance. Then In this discussion the development of inheritance law was stated, from the time before colonialism until the time of independence. In the development of inheritance law before the colonial period, the empire and the sultanate applied inheritance law as a living law in the community as well as a culture of Indonesian law in its time. When the Dutch East Indies government arrived, Indonesia had implemented Islamic religious law, which then continued and recognized its legal authority, Van den Berg conceptualized Staatsblat 1882 Number 152 which contained provisions for indigenous people or colonized people, religious laws must be applied in his environment. Snouck Hoergronje, advis or to the Dutch East Indies Government, initiated the receptie theory of Islamic issues and domestic children who pro-posed “Islam can apply if it has been perceived by customary law” , so adat is what determines the existence or abs ence of Islamic law. Furthermore, at the time of independence Indonesian Islamic law experts tried to make Islamic law a national law, with the effort of national seminars in the formation of law, Islamic law was made as one of the sources in addition to European law and Customary la w |
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Publisher |
Sekolah Tinggi Agama Islam Pancawahana Bangil
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Date |
2020-11-30
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Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion Peer-reviewed Article |
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Format |
application/pdf
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Identifier |
http://ejournal.kopertais4.or.id/tapalkuda/index.php/pwahana/article/view/4084
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Source |
Jurnal Studi Islam: Pancawahana; Vol. 15 No. 2 (2020): Jurnal Studi Islam : Pancawahana; 35 - 53
2579-7131 1907-2910 |
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Language |
eng
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Relation |
http://ejournal.kopertais4.or.id/tapalkuda/index.php/pwahana/article/view/4084/2929
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Rights |
Copyright (c) 2020 Jurnal Studi Islam: Pancawahana
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