Asas Keadilan Berimbang Dalam Perspektif Hukum Waris Islam, Hukum Waris Perdata, Dan Hukum Waris Adat Di Indonesia

Hidayah, Nurul and , Syaifuddin Zuhdi, S.HI., M.HI (2024) Asas Keadilan Berimbang Dalam Perspektif Hukum Waris Islam, Hukum Waris Perdata, Dan Hukum Waris Adat Di Indonesia. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The implementation of inheritance law must be based on ensuring order and justice in transferring property and wealth owned by the heir to the heirs who are within the scope of the same family. Therefore, among the three legal forms that exist in determining the distribution of inheritance, there is a principle that exists in the perspective of Islamic inheritance law, civil inheritance, and customary inheritance, namely the principle of balanced justice. So that in determining and transferring assets in inheritance can be divided fairly among the heirs who receive the inheritance. The approach method in this research is the normative juridical research method, where the approach is doctrinal, the approach uses laws and regulations. Where the source of the research is sourced from secondary data collected by studying legal materials and studies with literature. The purpose of this study is to find out the legal basis used for the principle of justice in the perspective of Islamic inheritance law, civil inheritance law, and customary inheritance law in Indonesia. Civil inheritance law. These three systems all apply among the legal community in Indonesia. As for the results of this study, it can be seen that the fairness of inheritance distribution is that: First, according to Islamic inheritance law, the division of inheritance received by men is greater than that of women, namely 2: 1 because the obligations that have been borne by men are greater than Woman . Second, according to the inheritance law of the Civil Code, the principle of justice between the inheritance received by men and women is the same in terms of rights and obligations. Third, the distribution of inheritance according to customary law varies depending on the customary law of each area.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Inheritance Law, Islam, Civil, Custom, Justice
Subjects:	K Law > K Law (General) > Hukum Adad K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	NURUL HIDAYAH
Date Deposited:	26 Apr 2024 06:48
Last Modified:	26 Apr 2024 06:48
URI:	http://eprints.ums.ac.id/id/eprint/122884

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