Proceedings of the 2nd International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in Conjunction with the 3rd International Conference on Quran and Hadith Studies (ICONQUHAS)

Research Article

The Legal Study of a Legal Entity as a Recipient of Custody Testament in Article 108 of KHI and Its Relevance to The Principles of Maqāṣid al-sharī’ah

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  • @INPROCEEDINGS{10.4108/eai.7-11-2019.2294535,
        author={Muhammad Alwi al Maliki and JM  Muslimin and Khamami  Zada},
        title={The Legal Study of a Legal Entity as a Recipient of Custody Testament in Article 108 of KHI and Its Relevance to The Principles of Maqāṣid al-sharī’ah},
        proceedings={Proceedings of the 2nd International Colloquium on Interdisciplinary Islamic Studies (ICIIS) in Conjunction with the 3rd International Conference on Quran and Hadith Studies (ICONQUHAS)},
        publisher={EAI},
        proceedings_a={ICIIS},
        year={2020},
        month={5},
        keywords={testament custody legal entity article 108 of khi maqāṣid al-sharī’ah},
        doi={10.4108/eai.7-11-2019.2294535}
    }
    
  • Muhammad Alwi al Maliki
    JM Muslimin
    Khamami Zada
    Year: 2020
    The Legal Study of a Legal Entity as a Recipient of Custody Testament in Article 108 of KHI and Its Relevance to The Principles of Maqāṣid al-sharī’ah
    ICIIS
    EAI
    DOI: 10.4108/eai.7-11-2019.2294535
Muhammad Alwi al Maliki1,*, JM Muslimin1, Khamami Zada2
  • 1: UIN Syarif Hidayatullah, Islamic Studies Department, Jakarta, Indonesia
  • 2: UIN Syarif Hidayatullah, Sharia and Law Department, Jakarta, Indonesia
*Contact email: muhammad_maliki19@mhs.uinjkt.ac.id

Abstract

This research aims to analyze a regulation of custody testament in article 108 of KHI, and its relevance with the principles of Maqāṣid al-sharīah by using the method of interpretation approach for the provisions of the custody testament in KHI, marriage law no. 1 of 1974 and the Eropa’s Civil Code. This research focuses on a custody testament which is given to a legal entity. The method used in the research is the descriptive qualitative method by the method of interpretation approach. This study produces conclusions about the provisions of the custody testament in article 108 of KHI has responded the changing of times and it has relevanted to the principles of Maqāṣid al-sharīah but it must be further refined to be clearer. The author recommends the government to give additional explanations in article 108 of KHI so that the principles of Maqāṣid al-sharīah will be reached completely.