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
@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
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.
