TITLE

HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM

AUTHOR(S)
Kusmayanti, Hazar; Krisnayanti, Lisa
PUB. DATE
August 2019
SOURCE
Jurnal Ilmiah Islam Futura;agu2019, Vol. 19 Issue 1, p68
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al- Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.
ACCESSION #
140224079

 

Related Articles

  • The Right to Save.  // Saturday Evening Post;11/3/1934, Vol. 207 Issue 18, p22 

    Looks into the recent dispute over property rights as against human rights in the U.S.

  • CONCEPTION OF ROMAN MARRIAGE: HISTORICAL EXPERIENCE IN THE CONTEXT OF NATIONAL FAMILY POLICY CONCEPT. Jonaitis, Marius; Kosaitė-Čypienė, Elena // Jurisprudencija;2009, Vol. 2 Issue 116, p295 

    On 3 June 2008 the National Family Policy Concept was adopted by Seimas that states the goals and principles of the state family policy and several times refers to historical and scientific experience. The present article aims to reveal the historical and legal experience of the ancient Rome...

  • Family Law. Sasser, Thomas J. // Florida Bar Journal;Jun2007, Vol. 81 Issue 6, p18 

    The article provides information concerning the Family Law in Florida. As a result of the hard work and dedication of the section committees and executive council, the 2006-2007 year has been a tremendous success. The goals established in Naples have served as the section's road map and it is...

  • Separate tablings. Abraham, Jeremy // Money Marketing;7/27/2006, p43 

    The article reports on the enactment of the Civil Partnership Act in Great Britain, and how the government could draw up a legal framework for common-law partners who see their relationship break down. The Law Commission has published its paper on the potential for change to the rights of...

  • CONSTITUTIONAL VALUES AND SOCIAL CHANGE - THE CASE OF GERMAN MARITAL AND FAMILY LAW. Stintzing, Heike // International Journal of Law, Policy & the Family;Aug99, Vol. 13 Issue 2, p132 

    The correlation between a Constitution's basic rights and the values of the society it is intended to regulate is vital to the Constitutions's legitimacy. This requires that the Constitution is able to adapt to social change. How can a written Constitution - and basic rights in particular - keep...

  • Real Rights: Practical Problems and Dogmatic Rigidity. Paisley, Roderick R. M. // Edinburgh Law Review;May2005, Vol. 9 Issue 2, p267 

    Describes the manner in which public rights have been developed over time to supplement the list of real rights in Scotland. List of real rights recognized by Scots Law; Evidence suggesting that the Scottish system of real rights in flexible and responsive to changes in societal and commercial...

  • OBSERVAÈšII ASUPRA REGLEMENT#x0102;RII PROPRIET#x0102;#x021A;II PERIODICE #x00CE;N NOUL COD CIVIL. Lulă, Ion // Dreptul;2012, Issue 1, p60 

    The new Civil Code has regulated, for the first time in our legislation, the periodic property. This new legal form of the right of property has been established as a forced joint ownership, although its owners do not exercise the prerogatives of the property right concurrently and together, but...

  • Aspects concerning the immovable accession from the perspective of the new Civil Code. LUPULESCU, Ana-Maria // Juridical Tribune / Tribuna Juridica;Dec2012, Vol. 2 Issue 2, p121 

    The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, including in the matter of the ways of acquiring private ownership. Among the ways of acquiring the private ownership right, the accession gets in the new Civil Code a legal...

  • CERTAIN THEORETICAL AND PRACTICAL ISSUES, REGARDING THE ADMITTANCE INTO GUARANTEE OF THE ESTATES GAINED ON BASIS OF LAW NO. 112/1995 FOR THE REGULATION OF THE LEGAL SITUATIONS OF CERTAIN ESTATES WITH THE DESTINATION OF DWELLINGS, TRANSFERRED INTO THE PROPERTY OF THE STATE Gabriela, Cornelia Beatrice // LESIJ - Lex ET Scientia International Journal;2009, Vol. 16 Issue 1, p163 

    The property right is a subjective civil right, so that its admittance, protection and exertion should be approached within the general frame of the aggregate subjective civil law. In accordance with the provisions of art. 480 Civil Code: ,,the property is the right of someone to enjoy and...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics