SKRIPSI

PEMBAGIAN WARIS TERHADAP PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF INSTRUKSI PRESIDEN NOMOR 1 TAHUN 1991 TENTANG PENYEBARLUASAN KOMPILASI HUKUM ISLAM

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The majority of the Indonesian population adheres to Islam and strongly rejects
marriages from different religions. One of the impacts of this marriage is related
to the issue of inheritance of property. According to the provisions of Article 171
letter c of the Compilation of Islamic Law, it is stated that a person is considered
an heir if at the time of the testator's death there is a family or marriage
relationship, accompanied by the requirement of adhering to the Islamic religion.
Based on this article, it can be understood that the Compilation of Islamic Law
clearly states that inheritance rights will stop automatically if there are religious
differences between the heir and heir. However, in Supreme Court Decision
Number 16K/AG/2010 and Supreme Court Decision Number 331K/AG/2018 heirs
who have different religions are still given their rights. So the problems that the
author will research can be identified as how the compilation of Islamic law
regulates inheritance rights, how to implement the distribution of inheritance in
interfaith marriages, and how to solve inheritance rights for husbands and wives of
different religions.
In this research, the author uses normative research specifications with an
analytical descriptive nature which will produce information in the form of factual
data. The approach method is to use a juridical-normative approach, which refers
to looking at law from a positive legal perspective. The research stage is in the form
of library research using secondary and tertiary materials. The data collection
technique that will be used is literature study. The data collection tool used by the
author is literature study. The data analysis method applied in this research is
qualitative descriptive analysis, which aims to describe data descriptively and carry
out qualitative analysis. The results of the analysis are then presented so that a
systematic and factual picture is formed regarding the problem studied, namely
regarding the Distribution of Inheritance in Interfaith Marriages.
The results of this research are that the Compilation of Islamic Law does not
provide mutual inheritance rights between people of different religions because it
tries to be consistent with the basic principles of Islamic law which pay attention to
blood relations and marriage, as well as considering religious aspects as important
requirements for becoming heirs. In Islam, heirs of different religions are prevented
from inheriting, but through the implementation of the Wajibah Will, they can be
given a share provided it does not exceed 1/3 of the share. The solution for an heir
who is hampered by religious differences is through a mandatory will. They are not
considered heirs, but as obligatory recipients of the will because one of the
conditions for receiving an inheritance is being Muslim.

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Ketersediaan

SKP0001137

346

Fakultas Hukum (SKRIPSI)

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

346

Penerbit

: FAKULTAS HUKUM UNPAS., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

346

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

PERTAMA

Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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