Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia

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

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  • @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
Deby Mardina1,*, Boy Nurdin1
  • 1: Universitas Borobudur
*Contact email: debymardina@yahoo.com

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.