Research Article
Legal Review of Land Inheritance in the Perspective of Islamic Law Compilation Implementation of Article 178 Paragraph 2 of the Islamic Law Compilation
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349360, author={Deby Mardina and Boy Nurdin}, title={Legal Review of Land Inheritance in the Perspective of Islamic Law Compilation Implementation of Article 178 Paragraph 2 of the Islamic Law Compilation}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={legal review of land inheritance compilation of islamic law article 178 paragraph 2 of the compilation of islamic law}, doi={10.4108/eai.25-5-2024.2349360} }
- Deby Mardina
Boy Nurdin
Year: 2024
Legal Review of Land Inheritance in the Perspective of Islamic Law Compilation Implementation of Article 178 Paragraph 2 of the Islamic Law Compilation
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349360
Abstract
In Islamic law, inheritance ensures fair distribution of a deceased person's estate among legitimate heirs. Indonesia's Compilation of Islamic Law (KHI) guides Muslims on inheritance, particularly Article 178, Paragraph 2, mandating equitable distribution according to Sharia principles to prevent heir disadvantage. This rule is crucial in land inheritance, deeply tied to family law and human existence, regulated by Islamic principles. This normative study used statutory and conceptual approaches, analyzing secondary data qualitatively. Conclusions were drawn deductively, focusing on Article 178, Paragraph 2 of the KHI. The study found that inheritance is extensively discussed in the Quran, reflecting family systems and ensuring property rights based on the heir's relationship to the deceased. The KHI's inclusion of substitute heirs aims at legal justice in inheritance. Overall, Article 178, Paragraph 2 of the KHI is crucial for just land inheritance under Islamic law. Effective implementation requires understanding and support from stakeholders, including government and religious institutions, to uphold Sharia principles and ensure equitable distribution. This approach guides Religious Courts in litigation, promoting legal consistency in inheritance practices.