Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Review of Inheritance Law in the Perspective of a Compilation of Islamic Law

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341740,
        author={Ahmad  Redi and Mardiyanti  Mardiyanti},
        title={Review of Inheritance Law in the Perspective of a Compilation of Islamic Law},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={legal review inheritance law compilation of islamic law},
        doi={10.4108/eai.28-10-2023.2341740}
    }
    
  • Ahmad Redi
    Mardiyanti Mardiyanti
    Year: 2023
    Review of Inheritance Law in the Perspective of a Compilation of Islamic Law
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341740
Ahmad Redi1, Mardiyanti Mardiyanti1,*
  • 1: Universitas Borobudur
*Contact email: hjmardiyantisupriyanto@gmail.com

Abstract

Sharia law teaches about the individual principle, which means that each heir is entitled to the share he gets without having to be related to other heirs. Especially for heirs who obtain inherited assets before they are adults or are unable to act in carrying out their rights and obligations over the assets they obtain from inheritance, then the guardian is appointed as guardian based on a judge's decision or a suggestion from a family member. People who have inheritance law problems can prioritize non-litigation channels (mediation or negotiation) before rashly filing a lawsuit in court. This type of research is Normative research. This research resulted in the finding that inheritance is a topic that is often discussed and almost everyone experiences it. Islamic law establishes inheritance rules in a very regular and fair. Islamic regulation likewise specifies the option to move responsibility for individual after death to his beneficiaries, from every one of his family members and genealogies, without recognizing people, large or little. The Qur'an explains and details in detail the laws relating to inheritance rights without ignoring anyone's rights. The portions that must be received are all explained according to the lineage position of the heir. The consideration of substitute beneficiaries in the gathering of Islamic regulation to satisfy a feeling of legitimate equity.