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Journal articles on the topic 'Inheritance and succession (Islamic law)'
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1
Mostofa, Md, Kazi Sonia Tasnim, and Md Zahidul Islam. "INHERITANCE RIGHT OF ORPHANED GRAND CHILDREN: BANGLADESH PERSPECTIVES." Journal of Asian and African Social Science and Humanities 8, no. 4 (December 29, 2022): 37–48. http://dx.doi.org/10.55327/jaash.v8i4.285.
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The dilemma of inheritance of grandchildren from the pre-deceased child is one of the most critical areas of Islamic law. According to the classical interpretations of Islamic law, any son of the deceased in general excludes such grandchildren. However, many states brought certain changes into the existing format of Islamic law of succession so as to shield such grandchildren from total exclusion. Egypt, Tunisia, Syria, Morocco, Pakistan and Bangladesh are remarkable for binging changes in this particular area. Pakistan brought a significant change in 1961 by section 4 of the Muslim Family Laws Ordinance (MFLO), which is a milestone event in the history of reformation of Islamic law. In Bangladesh the same law become accepted through the promulgation of the Laws Continuance Enforcement order, 1971’.Section of the MFLO affected the whole structure of Islamic Law of Succession. The main contribution of this work is an attempt to draw the attention of the proper authority for taking steps to ensure the right of orphaned grandchildren and other heirs not violating the Islamic law of succession. For this purpose the author tries to show the injustices to some heirs and the provisions of Islamic law of succession which have been violated caused by the section 4 of MFLO and lastly the author has set up a method that ensures the right of the orphaned grandchildren neither violating the Islamic rule nor excluding any heir. It is a qualitative research.
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Jiffry, Mohammed Arafath Careem Mohammed, Abdul Hamid Mohamed Ali Zaroum, and Abdul Bari Awang. "Inheritance of Adopted Child in Muslim Intestate Succession Law of Sri Lanka: An Analytical Juristic Study." Al Hikmah International Journal of Islamic Studies and Human Sciences 5, no. 2 (May 30, 2022): 252–83. http://dx.doi.org/10.46722/hkmh.5.2.22k.
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The main focus of this study is to examine the law of Inheritance as applied to the Muslim community in Sri Lanka where the community constitutes the second largest minority of the total population of the country, through systemized research conducted in the area of Fiqh and on the relevant existing law of the nation. Thus, the research mainly involves the inconsistencies or differences between two distinct legal regimes, i.e., Islamic jurisprudence and the state's statutory law in the field specified above. The research has revealed that matters related to the Inheritance of Muslims will be dealt with in accordance with the Islamic jurisprudence, while common law is applied when testacy matters are involved. It has been established by the supreme court of Sri Lanka that a child adopted by Muslim parents would not be entitled to become their heir as the matter is governed by the Act legislated in compliance with the principles of the Islamic jurisprudence. This paper contains two matters; firstly, it deals with a historical background of the Muslim intestate succussion ordinance in Sri Lanka, and later exclusively examines the law which is applicable for Sri Lankan Muslims in terms of the adopted child inheritance in light of Islamic jurisprudence. Induction and textual analysis have been employed in this work in order to scrutinize the law relating to intestate succession and Islamic jurisprudence. This investigation concludes with three remarkable points as follows: First, Sri Lankan Muslim minority community has a right to apply Islamic law in terms of intestate succussion as per section no10, 1931. Next, in spite of the adoption ordinance being applicable to all Sri Lankans, which permits inheritance rights to an adopted child, is not applicable to the Muslims according to the Supreme Court, referring to Muslim intestate succession law which does not allow inheritance rights to an adopted child. Last, the existing Muslim intestate succession law requires some details that provide clear ideas regarding the law to avoid misinterpretation and needs to be reformed.
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Umar, Umar Habibu, and Junaidu Muhammad Kurawa. "Business succession from an Islamic accounting perspective." ISRA International Journal of Islamic Finance 11, no. 2 (December 9, 2019): 267–81. http://dx.doi.org/10.1108/ijif-06-2018-0059.
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Purpose The purpose of this paper is to discuss the inheritance of a business from the Islamic accounting perspective. Design/methodology/approach The paper adapts the relevant provisions of conventional accounting standards and practices that conform to Sharīʿah (Islamic law). In addition, the provisions of the Islamic accounting standard for musharakah (AAOIFI’s FAS No. 4) found to be relevant are also adapted. Findings The study shows that the assets of an inherited business should be measured at their fair values and that liabilities and legacies must be deducted therefrom with the view to arriving at the equity (or residue). The equity is then distributed among the heirs based on the sharing ratio established according to the Noble Qurʾān, the Sunnah (the Prophet’s way) and Muslim jurists’ views. Therefore, the inherited business becomes a family business as each heir is admitted into it. By extension, Islam emphasizes that the business should remain a going concern to generate income to sustain the welfare of the heirs. Research limitations/implications The discussion of the paper is limited to the inheritance of a business and its going concern in line with the Sharīʿah. Practical implications Special attention should be paid to the inherited business to ensure not only its continuity to generate income for the heirs but also that each heir gets a correct share of the equity of the business as regulated by the Sharīʿah. Originality/value This study links Islamic inheritance to the going concern of the business, which from all indications has not been given full consideration by previous studies.
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Cilardo, Agostino. "On Some Recent Laws on the Islamic Law of Inheritance." Arabist: Budapest Studies in Arabic 21-22 (1999): 193–204. http://dx.doi.org/10.58513/arabist.1999.21-22.17.
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In the last few decades, several laws on intestate succession have been promulgated in different Muslim countries, like e.g., Senegal, Syria, Algeria, and Kuwait, which the article analyses and compares together with the methods they employ to ensure that the heirs will be given the most favourable Islamic rules.
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Mujuzi, Jamil Ddamulira. "The Islamic Law of Marriage and Inheritance in Kenya." Journal of African Law 65, no. 3 (October 2021): 377–401. http://dx.doi.org/10.1017/s0021855321000346.
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AbstractArticle 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.
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Afghan, Nasir. "Succession in family businesses: Kinship culture and Islamic law of inheritance." Business Review 6, no. 2 (July 1, 2011): 104–18. http://dx.doi.org/10.54784/1990-6587.1197.
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Zhamashev, A., I. Naurzaliyev, and T. Koja. "Inheritance privilege in Islam and the legacy of women from fard owners." Bulletin of the L.N. Gumilyov Eurasian National University. Historical Sciences. Philosophy. Religion Series 141, no. 4 (2022): 172–83. http://dx.doi.org/10.32523/2616-7255-2022-141-4-172-183.
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The science of the inheritance law of the Islamic religion is a developed area based on the centuries-old experience of Muslim scholars. Inheritance is one of the commandments of Almighty Allah, which, when properly performed, brings joy to the heart of a person, brings stability to his social life, and streamlines his relationships. The basic principle of Islamic inheritance law is the observance of the norms of the Koran. In the Islamic Sharia, Allah Almighty emphasized the science of inheritance and explained the problems in detail directly under his guidance. Allah Almighty in His infinite wisdom has shown us an unparalleled system of equitable distribution of the inheritance left by a deceased person among the heirs. In this system, there is no place for disputes and fights between heirs. This article provides a brief analysis of the concept of inheritance used in Islamic law in terms of linguistic and terminological definitions, the main sources of Islam, the Koran, and the hadiths of the Prophet. Issues related to the priority of Islamic heritage, as well as its significance in Islamic law, will be discussed. The basic principle of Islamic inheritance law is based on the norms of the Qur'an, with particular emphasis on rules and decisions. It is argued that the legal system of inheritance in Islam is very different from other legal systems and that no issue in the Qur'an is more detailed than the issue of inheritance. Sharia jurists will present their views on the science of inheritance in Islam and give a brief overview of the manifestations of inheritance law in pre-Islamic Arab society. The basic principles of the right of succession and the share of each female heiress from fard owners will be outlined.
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Batool, Usmat. "The Role of Shari‘ah in Provision of Shares of Inheritance to Women." Pakistan Journal of Humanities and Social Sciences 11, no. 1 (March 30, 2023): 517–24. http://dx.doi.org/10.52131/pjhss.2023.1101.0369.
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In pre-Islamic Arabia, before the advent of Islam women were deprived from their basic civil rights including the right of having wealth and property. Generally women were excluded from the right of inheritance also. Islam not only recognized her as human being by raising her dignity but also ensured her better economic position by giving her appropriate property rights including inheritance. The Qur’?n and the Sunnah provide the basic provisions of Islamic law of inheritance and eliminate all the unjust custom of woman rights of inheritance before Islam. The Muslim jurists further streamlined the principles of inheritance in such scientific method so they can be easily applicable to actual situations; which undoubtedly is a major contribution in rest of the legal systems.In Islamic law woman can inherit the property of the deceased by varying her place and responsibility in the family as a wife, mother, daughter, grandmother, son’s daughter etc. Firstly, this paper describes the pre Islamic custom of inheritance in Arabia with regard to female shares of inheritance. Secondly, this study examines the principles and dynamics of Islamic law of succession and inheritance in the light of different school of laws. This research provides the fact that Shar?‘ah consider woman as an autonomous legal person and give her the right to inherit the property from the deceased. Some scholars claimed that Islamic law indicates inferior status of women by giving her half of the share to men. This can be understood when the matter is studied as a whole in a comparative manner, rather than partially.This research not examines in detail the provisions of shares of inheritance to women in Islamic lawbut argued that how Pakistani Law of Inheritance related to women evolve in different different periodsof time and Islamize according to Islamic law.
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von Benda-Beckmann, Franz, and Keebet von Benda-Beckmann. "Islamic Law in a Plural Context:The Struggle over Inheritance Law in Colonial West Sumatra." Journal of the Economic and Social History of the Orient 55, no. 4-5 (2012): 771–93. http://dx.doi.org/10.1163/15685209-12341269.
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Abstract The paper deals with the historical dynamics of the struggle over inheritance law in West Sumatra under the colonial rule of the Dutch Indies. The Minangkabau in West Sumatra are an interesting example of legal pluralism in Muslim societies. Their adat (indigenous law and social organisation) of matrilineal heritage regulated kinship, group affiliation, inheritance of property, and succession to office. Since the sixteenth century they have been devout Muslims. Their history is characterised by dynamic transformations of the relationship between adat and Islam, and—since their incorporation into the colony of the Dutch East Indies in the early nineteenth century—with the state. The paper shows how these conflicts and negotiations produced different results in different arenas. The agreements reached in the political arena were usually different from the use of law in the decision-making processes of village and state courts, as were the actual practices of villagers in everyday property and inheritance affairs.
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LaOde, Muh Taufik. "Protection of Mafqud Rights in Inheritance Without Court Determination According to Islamic Law." APLIKATIF: Journal of Research Trends in Social Sciences and Humanities 1, no. 2 (December 31, 2022): 155–64. http://dx.doi.org/10.59110/aplikatif.v1i2.118.
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The community in one of the villages in Muna Regency faces a complex inheritance dilemma, and this is not an exception. People with little legal understanding about inheritance often ignore pre-existing legal rules or conventions, such as mafqud inheritance or someone whose news is stopped, making life and death questionable. In accordance with Islamic law, a court order is required before an heir's inheritance can be distributed. The issue that exists in the community of Lakologou village is the lack of knowledge of legal requirements surrounding the role of mafqud heirs in the distribution of inheritance. According to information gathered from a number of sources, the judge's judgment will have an significant impact on the mafqud's situation in that it will subsequently offer legal certainty over whether he is still alive or otherwise. These indicators support legal actions that can be done to protect the mafqud rights, including voluntarily submitting an application to the Religious Courts as a means of protecting mafqud rights in succession.
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Ahangar, Mohd Altaf Hussain. "Succession Rights of Muslim Women in the Modern World: An Analytical Appraisal." Arab Law Quarterly 28, no. 2 (July 10, 2014): 111–35. http://dx.doi.org/10.1163/15730255-12341275.
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Islam allows women the right to succession on the principle of a double share to a man and a single share to a woman. This principle is in reality an improvement on the operating law even in the 19th century wherein women were totally excluded from succession. Presently all Muslims are not governed by a uniform succession law. There are Muslim countries where the Shari‛ah is followed in theory while in reality a woman is excluded from inheritance. There are Muslim countries where Muslim women are allowed equal succession rights with men. Most non-Muslim countries have a uniform law of succession for all its citizens. This article addresses the question as to whether the modern law operating particularly in non-Muslim countries in comparison to Islamic law does better justice to nearer female heirs.
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Bello, Abdulmajeed Hassan. "Islamic Law of Inheritance among the Yoruba of Southwest Nigeria: A Case Study of Dar ul-Qadha (Arbitration Panel)." Journal of Islamic Law 5, no. 1 (February 29, 2024): 44–61. http://dx.doi.org/10.24260/jil.v5i1.2058.
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This article examines the complex aspects of succession law, which deals with the transmission of rights and obligations of individuals who have deceased concerning their inheritance, based on the legal sources adopted by society. Although the Yoruba succession practices rely on three different legal sources (common law, customary law, and Islamic law), Dar ul-Qadha (arbitration panel) disregards the latter legal source. The study aims to analyse the application of Islamic inheritance law in three cases of private legal disputes resolved by Dar ul-Qadha from 2008 to 2013. Adopting a qualitative and interpretative research method, the research findings reveal that guidelines for property distribution in Islamic law are overlooked by Dar ul-Qadha. Mothers are excluded from inheritance, while uncles, cousins, half-brothers, and step-sisters can inherit alongside full brothers. Moreover, personal property is not considered in the distribution. Neglect of Islamic inheritance law is attributed to the dominance of Yoruba social and cultural life, influenced by colonialism, Christianity, and societal ignorance. Therefore, this article argues that the distribution of inheritance through a valid Islamic system will accommodate the extended cultural family of the Yoruba. Recommendations emphasise the importance of adhering to legal requirements under land law.
[Artikel ini meneliti aspek kompleks hukum suksesi, yang menangani transmisi hak dan kewajiban individu yang telah meninggal terkait dengan harta waris mereka, berdasarkan sumber hukum yang diadopsi oleh masyarakat. Meskipun praktik suksesi masyarakat Yoruba bergantung pada tiga sumber hukum yang berbeda (common law, hukum adat dan hukum Islam), Dar ul-Qadha (Dewan Arbitrase), Logos, mengabaikan sumber hukum yang terakhir. Studi ini bertujuan untuk menganalisis penerapan hukum waris Islam dalam tiga perselisihan hukum pribadi yang diselesaikan oleh Dar ul-Qadha dari tahun 2008 hingga 2013. Dengan mengadopsi metode penelitian kualitatif dan interpretatif, temuan penelitian mengungkapkan bahwa panduan distribusi properti dalam hukum Islam diabaikan oleh Dar ul-Qadha. Ibu dikecualikan dari warisan, sementara paman, sepupu, saudara laki-laki dan perempuan tiri dapat mewarisi bersama saudara laki-laki kandung. Selain itu, harta pribadi tidak dipertimbangkan dalam pembagian. Kelalaian terhadap hukum waris Islam ini disebabkan oleh dominasi kehidupan sosial dan budaya masyarakat Yoruba yang dipengaruhi oleh kolonialisme, kekristenan, dan ketidaktahuan masyarakat. Oleh karena itu, artikel ini berargumentasi bahwa pembagian harta peninggalan melalui sistem surat wasiat Islam yang sah dapat mengakomodasi keluarga besar budaya Yoruba. Rekomendasi menekankan pentingnya mematuhi persyaratan hukum dari hukum tanah.]
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Mujuzi, Jamil Ddamulira. "THE CONUNDRUM OF INTESTATE SUCCESSION FOR MUSLIMS IN UGANDA: Qadhis Court, Women’s Rights, and Islamic Inheritance Law Issues." Al-Ahwal: Jurnal Hukum Keluarga Islam 16, no. 1 (April 23, 2023): 43. http://dx.doi.org/10.14421/ahwal.2023.16103.
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During the 2018–2022 process to amend the Succession Act, Muslims in Uganda requested a separate law to regulate their inheritance. However, this was rejected by the Parliamentary Committee. As a result, Muslims are governed by the Succession Act for intestate succession. This article aims to examine the legal uncertainty regarding the status of Qadhis' courts in Uganda and its impact on the unclear enforcement of Muslim inheritance law, particularly intestate succession, through these courts. Relying on the case law study, it is safe to argue that Qadhis’ courts do not exist legally. Although the Constitution provides for the right to equality, allowing Muslims to follow Sharia in the distribution of an estate can be justified under the Constitution's guarantee of equality, as long as the rights of individual Muslims are balanced against the interests of the Muslim community. Overall, navigating the legal landscape of inheritance for Muslims in Uganda is a complex issue with various legal and practical considerations.[Selama proses amandemen Undang-Undang Suksesi pada 2018–2022, umat Islam di Uganda meminta undang-undang terpisah untuk mengatur warisan mereka. Namun, hal itu ditolak oleh Komite Parlemen. Akibatnya, umat Islam diatur oleh Undang-Undang Suksesi yang lama. Artikel ini bertujuan untuk mengkaji ketidakpastian hukum mengenai status pengadilan Qadhis di Uganda dan dampaknya terhadap penegakan hukum waris Muslim, khususnya suksesi tanpa wasiat. Berdasarkan studi kasus, dapat dikatakan bahwa pengadilan Qadhis tidak ada secara legal. Meskipun Konstitusi memberikan hak atas kesetaraan, mengizinkan umat Islam untuk mengikuti Syariah dalam pembagian harta warisan dapat dibenarkan di bawah jaminan konstitusi atas kesetaraan, selama hak-hak individu Muslim seimbang dengan kepentingan komunitas Muslim. Secara keseluruhan, menavigasi lanskap hukum warisan bagi umat Islam di Uganda merupakan masalah yang kompleks dengan berbagai pertimbangan hukum dan praktis.]
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KUSMAYANTI, HAZAR, and Lisa Krisnayanti. "HAK DAN KEDUDUKAN CUCU SEBAGAI AHLI WARIS PENGGANTI DALAM SISTEM PEMBAGIAN WARIS DITINJAU DARI HUKUM WARIS ISLAM DAN KOMPILASI HUKUM ISLAM." Jurnal Ilmiah Islam Futura 19, no. 1 (October 12, 2019): 68. http://dx.doi.org/10.22373/jiif.v19i1.3506.
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Inheritance law is a part of civil law and is part of family law in particular. Inheritance law is closely related to human life, because every human being will experience a legal event, namely death. These legal events will cause legal consequences regarding the continuation of the rights and obligations of a person who has died and also in relation to his family or other people who have rights to their property. The purpose of this research is to know and understand the rights and position of grandchildren in the system of replacing the heirs in Islamic Inheritance Law and Compilation of Islamic Law and to know and understand the legal protection of grandchildren as heirs in the Islamic Inheritance Law and Compilation of Islamic Law. Based on the research, it can be concluded that the position of grandchild as a substitute heir in Islamic inheritance law is not listed in the Al-Quran and Hadith, only recognized through the Ijtihad conducted by the scholars. But in the Islamic Law Compilation the existence of grandchildren is recognized as a substitute for the parents who have died beforehand from the heirs and legal protection against grandchildren as successor heirs through the Compilation of Islamic Law which gives recognition of the position of substitute heirs through confirmation of the existence of heirs substitutes get full legalization where the provisions are not contained in the classic Islamic inheritance law. In addition, most Religious Judges in considering their decisions in terms of inheritance also see the arrangements contained in the Compilation of Islamic Law as a guide.
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Sainul, Ahmad. "Pembagian Harta Warisan Berdasarkan Pertimbangan Ekonomi." Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan 8, no. 1 (September 11, 2022): 14–27. http://dx.doi.org/10.24952/almaqasid.v8i1.5551.
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Islamic inheritance law is one of the sources of legal inheritance which regulates the affairs of a person who has left his property because he has died and that property will fall to the person who has rights.Soepomo said that the inheritance law makes regulations that regulate the process of directly transmitting and obtaining property and intangible goods from a generation of people to their descendants. This process has started while the parents are still alive. The process does not become acute due to the death of a parent. Indeed, the death of a father or mother is an important event for that process, but in fact it does not radically affect the process of succession and transfer of property and immovable property.A person has been designated as an heir because between the heir and the heir have a relationship of marriage, kinship and liberate slaves. Basically, most of the people prefer to solve inheritance problems by conducting family deliberation even though there have been stipulated rules in the Qur'an and al-Hadith. Basically, this family deliberation system is also allowed in Islamic law. However, there are exceptions in it if a dispute occurs during deliberation which results in an inheritance dispute
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Jamillah, Jamillah. "Legal Analysis Of Successor Heirs In Positive Law And Islamic Law." International Asia Of Law and Money Laundering (IAML) 2, no. 4 (December 15, 2023): 169–74. http://dx.doi.org/10.59712/iaml.v2i4.74.
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This study is intended to find out more in the provisions in the compilation of Islamic law and Civil Law, on the status successor heirs. Because there is a slight difference, if in BW replacement is no limit, then in KHI explained that this replacement only comes to grandchildren course, therefore there is a contradiction between the provisions of the expert successor inheritance in the compilation of Islamic law with Civil Law (BW). The study was conducted qualitatively using the juridical-normative approach. Approach normative done by researching library materials includes research on the principles of law, Systematics law, comparative law and legal history. The Data obtained by the documentation technique is then performed inductive analysis, where after the data collected then the next step is to analyze the data that is a way to search and systematically organize records of results interviews, observations and more. The results of this study can be explained that the law of inheritance according to the compilation of slam law stated that grandchildren have the right to replace the position his parents died before heir, although the share of grandchildren is not always as big his parents. The share of grandchildren should not exceed the share other heirs equal to the one he replaced. As for provisions in the law of inheritance according to civil law that not only grandchildren have the right to take the place of people the old man who died but also a nephew and also siblings can be replaced by his children.
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Mohammed Jiffry, Mohammed Arafath Careem, Abdul اHamid Mohamed Ali Zaroum, and Abdul Bari Awang. "توريث الطفل المتبنى في قانون الميراث الخاص بمسلمي سريلانكا: دراسة فقهية تحليلية." AL-HIKMAH: INTERNATIONAL JOURNAL OF ISLAMIC STUDIES AND HUMAN SCIENCES 5, no. 2 (May 30, 2022): 252–83. http://dx.doi.org/10.46722/hikmah.v5i2.257.
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ملخص
تهدف هذه الدراسة بصورة أساسية إلى التعرض لقضايا الميراث في القانون الخاص بمسلمي سريلانكا من خلال استقراء النصوص القانونية المتعلقة بها حيث تتركز الدراسة على التعرف على مدى تطبيقات الشريعة في قضايا الإرث. وقد تبين من خلال هذه الدراسة أن الأقلية المسلمة السريلانكية تسري عليها أحكام الشريعة فيما يخص قضايا الإرث كتوريث المتبنى، حيث تم صدور القرار عن المحكمة العليا بشأن قضايا توريث المتبنى بأن المتبنى لا يقر له بحق الوراثة حسب قانون الميراث الخاص بالمسلمين المعتمد على الشريعة الإسلامية. وتتضمن الدراسة المبحثين، وبالنسبة للمبحث الأول يتناول نبذة تاريخية لقانون الميراث الخاص بمسلمي سريلانكا وتعريف المواد القانونية المتعلقة بالميراث، ويتحدث المبحث الثاني عن تطبيق الشريعة في قضية توريث المتبنى على مسلمي سريلانكا. وتعتمد الورقة البحثية على المنهج الاستقرائي في تتبع المواد القانونية المتعلقة بالميراث من مصادرها ومراجعها المناسبة، والمنهج التحليلي في الشرح والاستدلال والمناقشة. تمكن الباحث بعد استقراء قضايا الميراث وتوريث المتبنى في القانون السريلانكي، بالإضافة إلى تحليل النصوص الشرعية والقانونية المتعلقة بالموضوع من التوصل إلى أهم النتائج، منها، أولا: يتم السماح للأقلية المسلمة في سريلانكا بتنفيذ الأحكام الخاصة بالميراث كما ورد في الفقه الإسلامي، والذي يسمى بقانون الميراث الخاص بالمسلمين رقم 10 لعام 1931م. وثانيا: قد تم صدور القرار عن المحكمة العليا في سريلانكا بأن الطفل المتبنى لا يستحق الميراث من مال المتبني المسلم وفق قانون الميراث الخاص بالمسلمين المعتمد على الشريعة الإسلامية، مع أن قانون التبني السريلانكي الذي ضم كافة المواطنين السريلانكيين من المسلمين وغيرهم، أجاز توريث المتبنى في المادة السادسة. وهذا يدل على أن أحكام الشريعة تطبق على القضايا المتعلقة بالميراث بين المسلمين. وثالثا: يقتضي قانون الميراث الخاص بالمسلمين رقم 10 لعام 1931م المواد الإضافية التي تتعرض لأحكام الشريعة في الميراث حتى لا يكون هناك غموض في تطبيقه.
Abstract
The main focus of this study is to examine the law of Inheritance as applied to the Muslim community in Sri Lanka where the community constitutes the second largest minority of the total population of the country, through systemized research conducted in the area of Fiqh and on the relevant existing law of the nation. Thus, the research mainly involves the inconsistencies or differences between two distinct legal regimes, i.e., Islamic jurisprudence and the state's statutory law in the field specified above. The research has revealed that matters related to the Inheritance of Muslims will be dealt with in accordance with the Islamic jurisprudence, while common law is applied when testacy matters are involved. It has been established by the supreme court of Sri Lanka that a child adopted by Muslim parents would not be entitled to become their heir as the matter is governed by the Act legislated in compliance with the principles of the Islamic jurisprudence. This paper contains two matters; firstly, it deals with a historical background of the Muslim intestate succussion ordinance in Sri Lanka, and later exclusively examines the law which is applicable for Sri Lankan Muslims in terms of the adopted child inheritance in light of Islamic jurisprudence. Induction and textual analysis have been employed in this work in order to scrutinize the law relating to intestate succession and Islamic jurisprudence. This investigation concludes with three remarkable points as follows: First, Sri Lankan Muslim minority community has a right to apply Islamic law in terms of intestate succussion as per section no10, 1931. Next, in spite of the adoption ordinance being applicable to all Sri Lankans, which permits inheritance rights to an adopted child, is not applicable to the Muslims according to the Supreme Court, referring to Muslim intestate succession law which does not allow inheritance rights to an adopted child. Last, the existing Muslim intestate succession law requires some details that provide clear ideas regarding the law to avoid misinterpretation and needs to be reformed.
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Layish, Aharon. "The Family Waqf and the Sharʿī Law of Succession in Modern Times." Islamic Law and Society 4, no. 3 (1997): 352–88. http://dx.doi.org/10.1163/1568519972599716.
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AbstractOn the basis of an analysis of waqfiyyas collected mainly from the sijill of the sharīʿa courts of Mandatory Palestine and Israel, I seek to clarify the identity of the initial beneficiaries of the waqf and the manner in which entitlement is transmitted to and apportioned among subseqent generations of beneficiaries. I also evaluate the motives of the founder in using the waqf as an instrument for circumventing the compulsory Islamic inheritance rules and analyze the implications of this practice on the integrity of the patrimony and structure of the family. My main conclusions are: (1) the creation of a waqf makes it possible to keep property intact and prevents its division among heirs; (2) the concentration of entitlement on the founder's male agnatic descendants (in itself a victory of custom over sharīʿa) contributes to the disintegration of the extended family.
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Rukiah, Rukiah, Saidah Saidah, and Asmirayanti Asmirayanti. "ANALISIS PUTUSAN HAKIM NOMOR: 284/Pdt.G/2015/PA.Prg TENTANG AHLI WARIS PENGGANTI." DIKTUM: Jurnal Syariah dan Hukum 15, no. 2 (December 22, 2017): 177–90. http://dx.doi.org/10.35905/diktum.v15i2.434.
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Abstract: The heir of the successor or commonly called mawali is the heir who died first from the heir so his position can be replaced by his son. This is as regulated in Article 185 of the Compilation of Islamic Law (KHI). The subject matter in this paper is how the judge's verdict Number: 284 / Pdt.G / 2015 / PA. Prg in determining the respective part of the successor heirs. The findings of the study indicate that (1) The position of the surrogate heirs in the Islamic inheritance system and the customary inheritance system in Pinrang Regency is no known change of system for the heirs who died prior to the heir. (2) The position of the replacement heirs in the inheritance system according to the Compilation of Islamic Law of the heirs who died prior to the heir, his position can only be replaced by his son or grandson of the heir under Article 185 paragraph (1) Compilation of Islamic Law (KHI) a change of place in inheritance applies only to a downward line of descent and so on. (3) There is a mistake by the panel of judges in deciding on the part of the heirs and the surrogate heirs in the case Number 284 / Pdt.G / 2015 / PA.Prg.
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Sungay, Mohamed Hoosain. "Do women face discrimination under the Islamic law of succession? An examination of the male-preferential 2:1 rule of inheritance." Law, Democracy and Development 27 (November 8, 2023): 450–69. http://dx.doi.org/10.17159/2077-4907/2023/ldd.v27.17.
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There is a common belief that women's rights and Islamic Sharfah law (finding its basis in the Holy Qur'an and the Prophetic teachings) are intrinsically at odds with one another. The 2:1 ratio of inheritance in favour of the male, which is enshrined in the Holy Qur'an, is the subject of this article's investigation into whether the Islamic law of succession discriminates against women. The paper explores the justification for this controversial rule, and further indicates that it is merely a general rule, not an absolute one. To address the main query of this article, a range of primary and secondary sources that cover various facets of this rule and its implementation are relied upon. The article demonstrates that, contrary to popular belief and much beyond what "modern civilisation" has provided, Sharfah law grants women far more rights than might initially be thought to exist.
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Saifudin, Ahmad, and Akhmad Khisni. "PERKEMBANGAN HUKUM KEWARISAN ISLAM DI INDONESIA (Studi Perbandingan Hukum Kewarisan Dalam Kompilasi Hukum Islam Dengan Hukum Kewarisan Dalam Fiqih Konvensional )." Jurnal Akta 4, no. 1 (March 10, 2017): 109. http://dx.doi.org/10.30659/akta.v4i1.1753.
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The study entitled "The Development of Islamic Inheritance Law in Indonesia (Comparative Study of Inheritance Law in Compilation of Islamic Laws With Legal Inheritance In Conventional Fiqh)" This study uses a normative juridical approach, in collecting data more emphasis on primary source material, in the form of legislation, Reviewing the rules of law as well as the theory of jurisprudence in addition to interviews to the parties related to the issues in the perusal. Based on these methods the research produces in essence: The forms of legal development of inheritance in the KHI incorporate many elements of customary law and the interests that Indonesians need today. So many forms of inheritance law have not been contained in the fiqh of the conventional (fiqh al-mawarits), but it has been contained and codified in the law of KHI inheritance, among others: article 171 on Joint Treasure, article 177 on the division of father asabah. Article 209 stating that foster and adopted sons receive inheritance, and if they do not receive a will, then they are entitled to a will. And KHI also acknowledged the gono-gini institute whereas the classical fiqh does not admit it (not make sub discussion). In addition, there are contradictions of the inheritance law policies contained in the KHI between the one article and the other articles, among others: article 176 on the distribution of boys and girls. This is contrary to article 229 (which is the closing provision), which states that in settling cases, the judge shall observe the values of the living law in society so that his judgment is in accordance with the sense of justice. In this case, the Indonesian Court, often inheritance distribution is not based on the principle of 2 to 1 for boys and girls. Also, article 183 on peace in the distribution of inheritance which may be contradictory to article 176. Likewise, article 185 on the successor heirs and article 189 on the wholeness and unity of agricultural land of less than 2 (two) hectares, contrary to the principle of ijbari in Islamic inheritance law (fiqh conventional).Keywords: Law of Inheritance, KHI, Conventional Fiqh.
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-, Haeratun. "Analisa Pasal 185 Kompilasi Hukum Islam Tentang Ahli Waris Pengganti." JATISWARA 31, no. 2 (October 13, 2017): 229–47. http://dx.doi.org/10.29303/jtsw.v31i2.47.
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In the development of Islamic inheritance law. There is amatter concerning substitute heirs having the purpose of searching for justice for the theirs. Basically, the substitute heirs become heirs because the parents having the inheritance rights have passed away before the inheritors. The concept of substitute heirs under section 185 Compilation of Islamic Law that applies to all descendants of the heir who died first of the heirs and the heirs of the successor does not exceed an equal heir with being replaced. Beside that also, because the position of substitute heirs are not described in the Holy Koran it directly, but the content maslahah line with the objectives of Islamic Law that is to realize a sense of justice for the heirs. Because, the position of substitute heirsis not something contrary to maqashid al-Shari’ah, the benefit rational because the result of an ijtihad and considerations of justice upon the inheritance for heirs.
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Mu’in, Fathul, Faisal Faisal, Arif Fikri, Habib Shulton Asnawi, and M. Anwar Nawawi. "THE PRACTICE OF SUBSTITUTE HAIRS IN INDONESIAN RELIGIOUS COURT: Restricted Interpretation." Al-Ahwal: Jurnal Hukum Keluarga Islam 16, no. 1 (June 30, 2023): 141. http://dx.doi.org/10.14421/ahwal.2023.16107.
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As part of reformation outcomes, the substitute heir in Islamic inheritance law has been long heeded by Indonesian jurists. However, amidst the facet of the traditional scheme, Indonesian Religious Court judges (judex factie) have not shared the same implementation of this succession. This article endeavors to examine the practice of substitute heir in the field. Relies on the Religious Court decisions as the primary source, this article argues that the norm of substitute heir (Article 185 of The Compilation of Islamic Law) has been implemented restrictedly according to The Compilation and the Supreme Court consensus. Restricted interpretation means the descendants of the pre-deceased side-relative was not accounted as substitute heir. It implies that the state reformation attempt in Islamic inheritance law has not come into play in the way the state desires.[Sebagai bagian dari hasil reformasi, substitute heir dalam hukum waris Islam telah lama diperhatikan oleh para ahli hukum Indonesia. Namun, di tengah sisi skema tradisional, hakim Pengadilan Agama Indonesia (judex factie) belum memiliki kesamaan pelaksanaan suksesi ini. Artikel ini mencoba mengkaji praktek penerapan substitute heir di lapangan. Berpijak pada putusan Pengadilan Agama sebagai sumber data utama, artikel ini berargumen bahwa norma substitute heir (Pasal 185 Kompilasi Hukum Islam) telah dilaksanakan secara terbatas menurut Kompilasi dan konsensus Mahkamah Agung. Penafsiran terbatas berarti keturunan dari kerabat menyamping yang telah meninggal dunia terlebih dahulu tidak diperhitungkan sebagai substitute heir. Ini menyiratkan bahwa upaya reformasi negara dalam hukum waris Islam belum diterapkan sesuai yang diinginkan negara.]
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Sopyan, Yayan, Nusirwan Nusirwan, Isnawati Rais, and Asmawi Aswawi. "Degradation of Customary Inheritance Law in the Sai Batin Lampung Tribe." AL-'ADALAH 17, no. 2 (March 19, 2021): 295–314. http://dx.doi.org/10.24042/adalah.v17i2.7137.
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The Sai Batin indigenous people use the “jujur” form of marriage the male majorate inheritance system, a system in which the oldest son is entitled to all inheritance and is the successor of their descendants. So strong is the position of sons in the family that if a family does not have a son, then the family is considered as having no or broken offspring. For this reason, in the Sai Batin kinship system, the adoption of a son, either from an internal or external family, is an alternative solution. This research is qualitative research using the Islamic Law Anthropology approach. In the data collection stage, the writer used the dept-interview technique combined with a survey. This research concludes that although most of the Sai Batin tribes still adhere to the customary inheritance system, however, there has been a tendency to no longer use customary law, especially in matters of inheritance, because it is considered unfair. This is indicated by the tendency of parents to bequeath property to all their children through a grant mechanism or to distribute inheritance based on Islamic inheritance law. This change is influenced by many factors, including the most dominant factors are education, economy, and social interaction.
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Sarijo, Sarijo, and Akhmad Khisni. "IMPLEMENTASI DALAM PENYELESAIAN PERMASALAHAN AHLI WARIS PENGGANTI (STUDI BANDING BERDASARKAN HUKUM WARIS ISLAM DAN HUKUM WARIS PERDATA)." Jurnal Akta 4, no. 1 (March 10, 2017): 103. http://dx.doi.org/10.30659/akta.v4i1.1752.
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The study aims to determine the extent to which the replacement of substituted heirs in the case of a substituted heirs system, the implementation of substituted heirs and parts thereof, and the similarities and differences of substitute heirs under the Law of Inheritance and the Law of Inheritance of the Civil Code.The research used with approach method that is juridical normative method is legal research done by giving priority to researching library materials and documents. The specification in this research is using analytical descriptive, this method aims to provide an overview that is done by using a qualitative way that consists of: Theory-theory of law, legal doctrines, as well as opinions from legal experts.The results of this study and discussion: 1) The system of heirs according to Islamic Law is "the amount of property of the deceased in the net, after deducting the payment of the debts of the testator". Whereas in the law of the inheritance of the Civil Code there is no known regulatory difference on the basis of the kind or origin of goods left by the heirs.2) According to the Islamic inheritance law that the lineage entitled to obtain part of the substitute is replaced by a downward straight line, from a straight line upward and from a straight line to the side. Meanwhile, according to the law of the Civil Code inheritance from Hazairin's teaching that the brother of his father, both male and female, is not a barrier to replace his father's position, it is most important that his father had died earlier than the heir (grandfather). 3) The equality of the surrogate heirs in both laws is a person who succeeds the heirs who first passed away from the heirs who should have acquired the inheritance, and the replaced heir is the link between a person who succeeds and heirs. While the difference in terms of replacing the position of his father and: the rights obtained by the successor heirsKeywords: heirs, surrogate heirs, Mawali, Islamic Inheritance Law, Inheritance Law of the Civil Code.
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Safryan Dilapanga, Mohamad Mirzalino, Desti Astati, and Eva Nurjannah. "Kedudukan Ahli Waris Pengganti (Plaatsvervulling) Dalam Memperoleh Harta Waris Menurut Hukum Islam." Jurnal Komunikasi Hukum (JKH) 7, no. 1 (February 3, 2021): 450. http://dx.doi.org/10.23887/jkh.v7i1.31769.
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Introduction to the Problem: Substitute heirs have problems in the form of their implementation in Islamic Law which is rooted in the unclear existing rules, this is based on the status of the successor heirs in obtaining inheritance rights from heirs who have died are not known in the type of inheritance distribution. In Islam, as the successor heir still has direct blood ties (nasab), siblings, and partners in the marriage bond (husband / wife) of the deceased heirs. know clearly and completely, regarding the position of a substitute heir fundamentally in obtaining the inheritance obtained from the rights of a person who has died. Design / Methodology / Approach: Through KHI as tangible as Presidential Instruction No.1 of 1991 contains provisions regarding the position of the successor heirs, so that it becomes the basic instrument for the author in determining legal rules and forms of legal rules for replacement heirs in terms of distribution of appropriate inheritance with Islamic law. Findings: In their existence incapable of not being able to provide a more detailed form of clarity regarding the position of the successor heir which has the character of "Uncertainty" because it contains Tentantive elements and does not provide an absolute position for the successor heirs. Type: Research Articles
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Naseem, Fozia, Babar Shaheen, and Aoun Muhammad Madni. "Legitimacy of Child in Pakistan with Special Reference to Islamic Law and Medical Sciences: An Appraisal." Global Legal Studies Review VIII, no. II (June 30, 2023): 124–35. http://dx.doi.org/10.31703/glsr.2023(viii-ii).14.
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Legitimacy of a child is the most sensitive issue to be discussed although there are many issues in relation to the presumption of legitimacy of a child, they remained the same for a long period of time mainly because of the excuse of religion. This research is related to the Legitimacy of a Child in Pakistan reference to Islamic Laws and Medical Science. In Pakistan, the legitimacy of a child is dealt with according to Article 128 of the Qanoon-e-Shahadat Order, 1984 and Muslim Personal Laws. In this, I discussed the inconsistency of some laws with medical science. I have also proposed some more ways to determine the legitimacy of a child rather than using laws available in Pakistan as a sole entity. It is important to determine the paternity of a child as it leads to succession, maintenance, guardianship, inheritance and much more. This research also highlights the importance of re-formulation of present laws related to the legitimacy of a Child in Pakistan.
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Karmila, Karmila, and Syapar Alim Siregar. "Praktik Pembagian Harta Warisan Ditinjau Dari KHI." Jurnal El-Thawalib 2, no. 4 (August 31, 2021): 331–45. http://dx.doi.org/10.24952/el-thawalib.v2i4.4241.
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The basic problem in this research is regarding the practice of distributing inheritance in Nagari Lansek Kadok, South Rao District, Pasaman Regency, West Sumatra Province. This problem is motivated by the practice of inheritance distribution that girls get more inheritance than boys. Whereas the community in Nagari Lansek Kadok, South Rao District, Pasaman Regency, West Sumatra Province, the majority are Muslim with a population of 2,250 families of which there are 1,350 families if it is divided into 60% who are not subject to the practice of dividing inheritance into 2 parts and women 1 part.The results of this study are,, the firstly reason why the people in Nagari Lansek Kadok practice the distribution of inheritance for men 1 part and women 2 parts, the reason is because the people in Nagari Lansek Kadok use matrilineal customs which divide inheritance from the mother's lineage which makes the difference, namely because in In practice, women in Nagari Lansek Kadok receive more inheritance than men, while the share of pusako received by boys is the traditional sako title passed down from mamak to nephews. In addition to serving as the successor of women's descendants in Minangkabau, their existence is highly respected and also involved in deliberation in the family and village. the second purpose of compiling Islamic law in the practice of dividing inheritance, while the inheritance system in the Compilation of Islamic Law (KHI) refers to the heirs by referring to faraidh, namely bilateral inheritance, meaning that men and women have the same right to inherit from the heir.
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Abubakar, Ali, Gamal Achyar, Husnul Khatimah, and Sri Astuti A. Samad. "The Postponement of the Implementation of Inheritance Distribution in The Seunuddon Community, North Aceh In The Lens Of ‘Urf Theory and Legal Pluralism." El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (December 30, 2023): 411. http://dx.doi.org/10.22373/ujhk.v6i2.10207.
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The objective of this study is to investigate the act of postponing the execution of inheritance distribution in the Seunuddon village, located in North Aceh. This study employs sociological legal approaches, which are examined through the lenses of al-'urf and the notion of legal pluralism. Data was gathered through extensive interviews conducted with religious leaders, community leaders, and successors. This study determined that delays in the distribution of inheritance in Seunuddon had persisted for an extended period, with some cases resulting in patah titi and subsequent complications. The delay arises due to entrenched customs, the survival of one parent, inadequate economic conditions, lack of family discussions regarding inheritance division, reluctance to distribute the inheritance immediately due to feelings of embarrassment, and the incapacity of young children to handle the inheritance. Secondly, while examining customary Islamic law, the act of delaying the allocation of inheritance is encompassed within the concepts of 'urf sahih (valid custom) and 'urf fasid (invalid custom). Out of the four cases examined, three cases did not present any issues related to inheritance, as each party got and obtained the legacy funds. Nevertheless, there are instances in which the designated successor has deceased (patah titi), leading to complications in the process of inheriting assets. Within the framework of 'urf theory, the initial three instances can be classified as 'urf sahih, however, the final instance is deemed 'urf fasid due to its propensity for generating injustice, albeit preserving the bond of brotherhood. According to the doctrine of legal pluralism, there exists a dialectic and accommodation between Islamic law and societal customs to provide social harmonization and integration.
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Riswantoro, Atik. "PENERAPAN PASAL 185 KOMPILASI HUKUM ISLAM (KHI) BERKAITAN DENGAN PENYELESAIAN SENGKETA WARIS." Jurnal Hukum dan Kenotariatan 4, no. 1 (March 7, 2020): 71. http://dx.doi.org/10.33474/hukeno.v4i1.6449.
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Pada dasarnya pewarisan adalah suatu perpindahan segala hak dan kewajiban seseorang yang meninggal kepada para ahli warisnya. Adapun pengertian dari hukum waris adalah hukum yang mengatur tentang peralihan harta kekayaan yang ditinggalkan seseorang yang meninggal serta akibatnya bagi para ahli warisnya. Pada hakekatnya ahli waris pengganti terjadi karena ayah atau ibu (orang tuanya) yang berhak menerima harta warisan meninggal dunia lebih dahulu dari pada pewaris. Konsep ahli waris pengganti dalam Pasal 185 Kompilasi hukum Islam berlaku bagi semua keturunan ahli waris yang seagama serta wafat terlebih dahulu dari pewaris serta bagian dari ahli waris pengganti tidak melebihi dari bagian ahli waris yang sederajat dengan yang diganti. Selain itu kedudukan ahli waris pengganti tidak dijelaskan secara menyeluruh (secara riil), akan tetapi mempunyai tujuan rasa kemaslahatan serta rasa keadilan bagi ahli waris.Kata Kunci: waris, keturunan, keadilan, hak, kedudukanBasically inheritance is a transfer of all the rights and obligations of someone who died to his heirs. The understanding of inheritance law is the law governing the transfer of assets left by someone who died and the consequences for his heirs. In essence the successor heir occurs because the father or mother (parents) who is entitled to receive the inheritance died earlier than the heir. The concept of substitute heirs in article 185 Compilation of Islamic law applies to all descendants of heirs who are in the same religion and died earlier of the heirs and the portion of the successor heirs does not exceed that of the heirs equal to those replaced. In addition, the position of a successor is not explained thoroughly (in real terms), but has the goal of a sense of benefit and a sense of justice for the heirsKeywords: inheritance, ancestry, justice, rights, position
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Safitri Istiningtyas, Amelia, and Luthfi Hadi Aminuddin. "Konstruksi Sosial Praktik Turun Waris di Slahung Ponorogo." Journal of Economics, Law, and Humanities 2, no. 1 (May 1, 2023): 17–34. http://dx.doi.org/10.21154/jelhum.v2i1.1518.
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The successor heirs mentioned in Article 185 of the Compilation of Islamic Law (KHI) Inspres number 1 of 1991 result from the ijtihad of Indonesian mujtahids. From the Compilation of Islamic Law, the existence of grandchildren is recognized. He is a substitute for his parents, who have died first from the heir and legal protection for grandchildren as heirs and acknowledges the position of a substitute heir. As happened in the community in Slahung District, in practice, if a child dies first, then a parent, then the inheritance will be given to his grandson. This research is interesting because the local community does not know the terms related to the replacement heir. The people of the Slahung sub-district named it Turun Waris. The purpose of this research will produce findings to see how the people's thinking and practice of successor heirs in Slahung District with the theory of social construction perspective of Peter Berger and Luckman, which is methodically classified as research with data collected by in-depth interviews, observations and documentation using an externalization process, objectivation, and internalization.
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Solihah, Cucu. "HARTA PASCA KEMATIAN SESEORANG (SOSIALISASI HUKUM WARIST ISLAM)." Journal of Empowerment 1, no. 2 (December 20, 2017): 139. http://dx.doi.org/10.35194/je.v1i2.199.
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ABSTAKKetentuan harta dan peralihan harta dari pemilik harta (pewaris) kepada para ahli waris berlaku secara otomatis pasca kematian seseorang. Berlaku secara otomatis memberi arti bahwa pihak Pewaris tidak berhak mengatur harta pasca kematiannya demikian pula ahli waris tidak dapat menolak peralihan harta tersebut. Tujuan ditetapkannya ketentuan hukum waris dalam ajaran Islam tidak terlepas dari 5 tujuan hukum (maqodis syariah) yakni dalam rangka memelihara agama, jiwa, harta, keturunan, dan akal, selain itu terdapat keutamaan ketentuan hukum waris telah digariskan dalam ajaran Islam dengan lengkap dan sempurna, karena hakikat harta dalam Islam mutlak menjadi milik sang Tuhan semesta alam, sehingga sangat wajar Tuhanpun mempunyai aturan mengenai apa saja ruang lingkup harta waris, kepada siapa harta itu diberikan, berapa harta yang harus diberikan kepada masing-masing ahli waris, kapasitas manusia hanya menerima amanah atas harta yang dititipkan kepada manusia.Terdapat ketentuan asas waris Islam yakni asas ijbari, bilateral, individual, keadilan berimbang,dan semata akibat kematian. ABSTRACTThe provisions of the transition property and property of the owner of the treasure (heir) to the heirs apply automatically post the death of someone. Applies automatically give the sense that the Successor is not entitled to set the property of post death similarly heirs can't resist the transition the treasure. The purpose of the establishment of the provisions of the law of inheritance in Islam is inseparable from the 5 goals of the law (Sharia maqodis) i.e. in order to nourish the soul, religion, property, offspring, and reason, besides there is the virtue of the provisions of the law of inheritance was outlined in the Islamic teachings with the complete and perfect, because of the nature of property in Islam absolutely belongs to the Lord of hosts, so that very reasonable Tuhanpun have rules on what the scope of the estate, to whom property is given, how many treasures that should be given to each of the heirs of human capacity, only accepting the mandate over the treasure that is deposited to the mankind. There are basic provisions of Islamic inheritance IE ijbari, bilateral basis, individual, fairness, balanced, and is solely a result of the death.
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Layish, Aharon. "Waqfs of Awlād al-Nās in Aleppo in the Late Mamlūk Period as Reflected in a Family Archive." Journal of the Economic and Social History of the Orient 51, no. 2 (2008): 287–326. http://dx.doi.org/10.1163/156852008x307456.
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AbstractA family archive from Aleppo of the late Mamlūk period sheds light on a society in transition from military to civil elite. It provides us with insights on the religious, social, and economic role of the waqf and on its function as a means for circumventing the Islamic inheritance law and preserving the integrity of the patrimony. Vital information is provided on the possibilities for women and manumitted slaves to own and dispose of property. The study is also concerned with the impact of the legal pluralism created by the introduction of sharīi' a courts belonging to the four Sunnī schools on the ability of the waqf to accommodate itself to social and economic pressures. Les archives d'une famille d'Alep datant de la fin de la période mamelouke apportent un éclairage sur une société en transition, passant du statut militaire à celui de dignitaires civils. L'examen du manuscrit dévoile le rôle du waqf dans les domaine religieux, social et économique, et la manière dont sont contournées les lois de succession islamiques pour conserver l'intégralité d'un patrimoine. Le document fournit également des éléments sur la possibilité pour des femmes et des esclaves affranchis de détenir et de disposer de biens propres. Cette contribution explore également l'effet du pluralisme légal, issu de la création de tribunaux religieux des quatre écoles juridiques sunnites, sur la capacité d'adaptation de cette institution à la pression sociale et économique.
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Mahad Musa, Zahari. "Penyelesaian Kes Faraid Berangkai Melalui Pendekatan Al-Munasakhah: Tumpuan Kes Faraid Dalam Mazhab Syafie." Ulum Islamiyyah 25 (December 31, 2018): 41–53. http://dx.doi.org/10.33102/uij.vol25no0.135.
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Family management conflict in resolving the estate becoming increasingly critical and can achieve a level of concern if not addressed properly. A case of successive deaths in faraid is part of a complex and difficult conditions for the governed because it involves the death of layered beneficiaries. A network of death in a family inheritance is part of the implications if the first deceased's estate is not postponed for solutions. In this regard, fiqh al-mirath (Islamic law of inheritance) has set the approach of al-munasakhah as a formula for those who are entitled. The approach of al-munasakhah is an important recommendation in the completion of distribution of inheritance involving cases of successive deaths. This article aims to explain the diversity of successive deaths in faraid and approach of al-munasakhah used in resolving such cases. Focus will be given to cases solution through al-Shafii sect according to the perspective that is based on the records and documentation works in selected references. This description shows the interest of al-munasakhah is as a form of calculation and settlement to a conflict case faraid distribution to the heirs. This is due to fact that more beneficiaries will increase the difficulty in solving faraid cases. In addition, this approach proved the comprehensiveness of the law of inheritance in Islam where estates need to be solved and not to be left idle and frozen without benefit.
Abstrak
Kemelut pengurusan keluarga dalam menyelesaikan harta pusaka semakin kritikal dan boleh mencapai tahap membimbangkan jika tidak ditangani dengan baik. Kes faraid berangkai merupakan sebahagian kondisi yang kompleks dan sukar untuk ditadbir kerana membabitkan kematian berlapis daripada kalangan waris yang berhak. Rangkaian beberapa kematian dalam sesebuah keluarga yang mempunyai hubugan pewarisan merupakan sebahagian implikasi sekiranya harta pusaka si mati yang pertama tidak ditangguhkan penyelesaiannya. Dalam hal ini, perundangan fiqh al-mirath menetapkan pendekatan al-munasakhah sebagai satu formula faraid yang lengkap untuk memberi hak kepada mereka yang berhak. Pendekatan al-munasakhah ini merupakan satu saranan penting dalam melengkapkan bentuk agihan faraid yang melibatkan kes faraid berangkai. Makalah ini bertujuan menerangkan kepelbagaian kes faraid berangkai yang berlaku disebabkan kematian individu yang mempunyai hubungan pewarisan dan pendekatan al-munasakhah yang digunakan dalam menyelesaikan kes-kes tersebut. Tumpuan akan diberikan kepada kes faraid berangkai dan bentuk penyelesaian melalui pendekatan al-munasakhah menurut perspektif mazhab Syafie iaitu berdasarkan rekod dan dokumentasi karya fiqh terpilih mazhab tersebut. Huraian ini memperlihatkan kepentingan pengiraan al-munasakhah ialah sebagai satu bentuk pengiraan dan penyelesai kepada konflik kes faraid berangkai dengan menentukan agihan yang tepat kepada waris yang masih hidup. Hal ini kerana, semakin ramai waris akan menyebabkan kesukaran semakin bertambah untuk menyelesaikan sesuatu kes harta pusaka. Selain itu, pendekatan ini memperlihat sebahagian bukti kesyumulan perundangan pusaka dalam Islam iaitu harta pusaka perlu diselesaikan agihannya hingga selesai, tidak dibiarkan beku dan terbiar tanpa dimanfaatkan.
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Kuswanti, Etik, and Akhmad Khisni. "Juridical Review Of Agreement And Adoption Law Due For Adopted Children When Adopted Parent Lift Divorce." Jurnal Akta 5, no. 3 (September 5, 2018): 783. http://dx.doi.org/10.30659/akta.v5i3.3258.
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Kids are important in human life, a lot of people who are expecting the presence of children as successor descent but some have not given credence to be given the baby. Adoption is an alternative to get around this problem. One polemics are legal consequences for adopted children when the father of the foster mother divorced. This study aims to determine hadhanah for adopted children when the father of the foster mother divorced. This research using normative juridical approach, ie an approach based on the decision of the Supreme Court, law and jurisprudence. The results show that the Islamic Law Compilation (KHI) stated position adopted child the same as biological children they both get Hadhanah, except in the case of nasab so do not get the inheritance, but was borrowed for adopted children as contained only one-third. In the case of child maintenance rights for the adopted child under age, the rights given to a foster mother, if an adult or child is old enough lift may choose to want to go with whom, nevertheless all maintenance fees charged to the adopted child's adoptive father. Custody and all the costs of the foster child needs to last until the adopted child an adult, independent or have been married. If the adopted child if the woman he would marry then it could be a guardian of marriage are biological parents or biological relatives. So although the adoptive mother divorced fathers still be obliged to maintain and educate the adopted child.Keywords: Judicial Review, Adoption, Legal Consequences, Divorce
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Pătrăuș, Mihaela. "EUROPEAN CERTIFICATE OF SUCCESSION." Agora International Journal of Juridical Sciences 13, no. 2 (January 21, 2020): 78–88. http://dx.doi.org/10.15837/aijjs.v13i2.3803.
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The newly created European Certificate of Succession is applicable in almost the entire EU. It is primarily used to verify an heir’s status and is designed to serve alongside the existing national inheritance certificates (such as the German Erbschein), making it easier for heirs to settle inheritance matters abroad. This EU Succession Regulation does not, however, affect the provisions of individual Member States in the areas of substantive inheritance law (e. g. the question of who is a legal heir) and inheritance tax law. This paper aims to analyze how the regulation of the European inheritance certificate interacts with the regulation of the national inheritance certificate. Thus it does not replace documents such as the Romanian inheritance certificate but is rather a supplementary inheritance document.
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Kahar Muzakir. "Inheritance Law in The Perspective of Customary Law, Civil Law And Islamic Law." Indonesian Journal of Society Development 1, no. 2 (December 27, 2022): 119–24. http://dx.doi.org/10.55927/ijsd.v1i2.2295.
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In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. The Islamic inheritance system according to the Qur'an is actually an improvement and change from the principles of inheritance law that prevailed in Arab countries before Islam, with its patrilineal family system
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Muzakir, Kahar. "INHERITANCE LAW IN THE PERSPECTIVE OF CUSTOMARY LAW, CIVIL LAW, AND ISLAMIC LAW." JURNAL RUANG HUKUM 2, no. 1 (June 30, 2023): 15–18. http://dx.doi.org/10.58222/juruh.v2i1.219.
Full textAbstract:
In order to understand the rules and intricacies of inheritance law, it is almost unavoidable to first understand some terms that are commonly encountered and known. However, there are three inheritance laws that apply in Indonesia, namely customary inheritance law, civil inheritance law, and Islamic inheritance law. Customary inheritance law is the legal rules that regulate the transmission and transition from century to century both tangible and intangible assets from generation to generation. A person becomes an heir according to civil inheritance law due to marriage and blood relations, whether legally or not. The Islamic inheritance system according to the Qur'an is actually an improvement and change from the principles of inheritance law that prevailed in Arab countries before Islam, with its patrilineal family system.
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Rahmat, Doris, and Santoso Budi NU. "INHERITANCE CONFLICT IN ISLAMIC LAW." Wacana Hukum 27, no. 2 (August 30, 2021): 54–58. http://dx.doi.org/10.33061/1.wh.2021.27.2.5810.
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Conflicts between heirs also often occur because of the natural attitude of humans who do not want to give in and want to win themselves, in order to get the largest share of the inheritance among other families. Problem Formulation How is inheritance conflict in Islamic law The purpose of this research is to find out inheritance conflict in Islamic law.The method used in this study is a sociological juridical approach, namely an approach to the problem through legal research by looking at the legal reality in practice, then connecting it with the facts that exist from the problem to be examined.The problem of the distribution of inheritance has become a phenomenon that often occurs in society from the past until now. Because the distribution of inheritance is very sensitive. Often a conflict in the midst of the family. However, people who are Muslim apply to the Islamic Inheritance Law, the point is that inheritance issues can trigger the rift in family relationships. This happens if the distribution of the inheritance is not in accordance with the rules and signs that have been set by Allah in the Qur'an
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Кухарєв, О. Є. "Dogmatic Construction of Universal Legal Succession in the Field of Inheritance Law." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (September 22, 2020): 40–49. http://dx.doi.org/10.32631/v.2020.3.04.
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The purpose of the article is to clarify the essence of universal legal succession in the field of inheritance law.
The relevance of the research topic is due to a number of factors. First of all, it is the need to ensure both the proper posthumous transfer of the rights and responsibilities from the ancestor to lawful heirs, and the stability of property relations. Besides, it should be noted that the process of recoding (updating) the civil legislation of Ukraine has begun.
As a result of the conducted research, it has been concluded that hereditary legal succession and hereditary legal relationship are not identical concepts. Succession, as a one-time transition, is the dynamics, movement of the hereditary legal relationship or a manifestation of the latter. If the moment of the hereditary legal relationship’s origin is related to the time of the opening of the inheritance, then the succession, as the dynamics of the legal relationship, occurs with the acceptance of the inheritance by lawful heirs.
The integrity of the construction of universal hereditary legal succession is ensured by a set of the following factors: 1) the succession passes to lawful heirs unchanged as a cohesive whole, with all the methods of provision and the burdens imposed on it; 2) immediacy, which is manifested in the fact that the lawful heir acquires the succession directly from the ancestor without prior transfer to third parties; 3) the uniqueness of the transfer of the succession to lawful heirs from the time of its opening, regardless of the time of acceptance and state registration; 4) the rights and obligations that belonged to the ancestor are transferred to lawful heirs in the same form in the composition, volume and value, which existed at the time of the opening of the succession; 5) conclusiveness and unconditionalness of the acts of the succession’s acceptance and refusal of its acceptance.
The universality of inheritance legal succession is a principle of inheritance law, which determines its content, direction of legal regulation and fully covers all institutions of inheritance law. That is why the essence of the construction of universal legal succession as a basic category of inheritance law is not limited to the concept of succession, contained in the Art. 1216 of the Civil Code of Ukraine.
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Bachri, Syabbul, Sudirman Sudirman, Erfaniah Zuhriah, and Ramadhita Ramadhita. "Contextualizing Islamic Inheritance Law in Indonesia: Addressing Negative Stigma." Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam 7, no. 2 (May 3, 2024): 170. http://dx.doi.org/10.30659/jua.v7i2.35041.
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Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.
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Kukhariev, Oleksandr. "Inheritance Law Principles as Defining Principles for Further Updating of Inheritance Legislation of Ukraine." Law Review of Kyiv University of Law, no. 1 (May 5, 2021): 163–67. http://dx.doi.org/10.36695/2219-5521.1.2021.30.
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The article is focused on establishing the range of inheritance law principles, which are characterized by universality, since theyare implemented in all institutions of this sub-branch. It has been noted that the field of inheritance law as a sub-branch of civil law isbased on certain principles, basic ideas (principles) that cover both the relevant legislation and the functioning of the entire system ofinheritance legal succession and express the specifics of the entire inheritance law. Therefore, the definition of such principles and clari -fication of their essence will contribute to the further development of legal doctrine, the unity of the practice of implementing inheritancelegislation, its improvement.The inheritance law principles are not directly reproduced in the norms of inheritance legislation, but follow from their contentand are fundamental in nature, expressing the most important regularities of inheritance law area. Based on the analysis of legal doctrineand civil legislation, the author has revealed and characterized the following inheritance law principles: the principle of universal inheri -tance legal succession, the principle of freedom of last will and testament, the principle of social justice. It has been emphasized thatthe principle of social justice in the field of inheritance law is not identical to justice as a general principle of civil law (the Art. 3 ofthe Civil Code of Ukraine).It has been substantiated that inheritance law principles should be distinguished from the normative provisions regulating a certaintype of legal relations in the field of inheritance law (priority of calling for inheritance of lawful heirs; equality of inheritance shareswithin hereditary succession; recognition of the rights of household items for appropriate lawful heirs within hereditary succession),however, they are not principles in accordance with their essence and functional purpose.
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Khalfi, Amine El, Ong Argo Victoria, and Fareha Binti Moh. Zukri. "COMPARATIVE LAW OF ISLAMIC INHERITANCE AND CIVIL LAW INHERITANCE (WEST)." Sultan Agung Notary Law Review 1, no. 2 (January 7, 2020): 109. http://dx.doi.org/10.30659/sanlar.1.2.109-120.
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Talking inheritance law can not be separated from some of the elements that are bound. The elements are as follows: 1) The Heir, heir is the person who died or people who give so-called legacy heir. Usually heir bestows both wealth and debt obligations or to other persons or heirs. 2) The heirs, heirs are those who inherit referred to as heir was given the legal right to receive the assets and liabilities or debts left by the testator. 3) Treasure heritage, heritage is everything that is given to the heir to the testator possessed, whether it be right or property such as houses, cars, and gold as well as liability for the debt. But, despite its importance, is often the subject of this heritage be problematic. Not surprisingly, many people who dropped the ropes brotherhood because of inheritance. The main problems are usually due to disagreements about equality and fairness. Indonesia has two Inheritance law, they are based on Islamic law (Faraidh) and Civil Law (Penal Code).
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Wilda Permatasari, Gibtha, Yuliati Yuliati, and Herman Suryokumoro. "Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law." Unram Law Review 2, no. 2 (October 20, 2018): 153–65. http://dx.doi.org/10.29303/ulrev.v2i2.47.
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This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.
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Rahmi Putri, Mega. "Inheritance of Property in Minangkabau: Review of Customary Law and Islamic Law." GIC Proceeding 1 (July 31, 2023): 387–95. http://dx.doi.org/10.30983/gic.v1i1.151.
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The Minangkabau people adhere to Islamic beliefs or religion. In social life in Minangkabau, custom and religion are two values that are in line with and adhered to according to the Basandi Syarak Adat life philosophy, Syarak Basandi Kitabullah. This philosophy explains that existing customary law must follow Shari'a, namely Islamic law which is guided by the Al-Quran and Sunnah which is called the Book of Allah. In the inheritance of property in Minangkabau, there are differences and similarities with customary law and Islamic law. This problem research was carried out by reviewing the relevant literature according to the title. There are two types of inheritance in Minangkabau, namely high inheritance and low inheritance. Inheritance of high inheritances follows the customary inheritance rules in Minangkabau, which are inherited collectively according to the mother's lineage (matriline). This inheritance is usually in the form of goods or land. What is shared is the time spent working on it and enjoying the results. The beneficiaries are usually women, and only men manage the high inheritance. For lower inheritance, it is property that arises because the husband and wife leave their living to their children, as stipulated in Islamic law or Faraidh law.
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Afrohatul Laili, Afrohatul, and Endri Miftahus Sururi. "UPAYA KODIFIKASI HUKUM KEWARISAN SECARA BILATERAL DENGAN POLA DIFERENSIASI DALAM MASYARAKAT PLURALIS." SINDA: Comprehensive Journal of Islamic Social Studies 3, no. 1 (April 2, 2023): 15–24. http://dx.doi.org/10.28926/sinda.v3i1.728.
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The currently applicable inheritance law in Indonesia is pluralistic in nature since it is formed collectively by adat, Islamic, and western legal systems; not to mention the diverse custom, ethnicity, and belief. Hence, codification of bilateral inheritance law that could address differences in our inheritance and kinship system is needed. Islamic Inheritance Law is a law that regulates heritage treasure of someone who has passed away and given to the beneficiary.Indonesia has set the Compilation of Islamic Law Islamic law of inheritance, such as heirs and inheritance. In the Compilation of Islamic Law, there are several updates to the law of inheritance that do nothave in the past, suchas the division of the estate for the adoptedchild, the adoptive parents, and non Muslim heirs. It makes the writer feel compelled to study deeper the Islamic law of inheritance in IslamicLaw Compilation by using glasses philosophy of law.Indonesian Inheritance Law uses a school of sociology law. The school ofsociology law is in accordance with the conditions of the community because it takes into account the existing customs in the community
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Račić, Anđelka. "Succession statement: Legal fact." Megatrend revija 19, no. 3 (2022): 287–302. http://dx.doi.org/10.5937/megrev2202287r.
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Starting from the circumstance that after the death of a man, his inheritance is opened, and that his legacy can be inherited by law or on the basis of the testator's last will - testamentary, within the conducted probate procedure, the paper deals with the issue of inheritance statement characteristic and legal effect. In particular, the paper presents who can give a successor's statement, in what form, to what extent, at what time and what qualitative abilities he must have. Also, the paper explains the probate procedure through phases starting from the knowledge of the competent authority that a person has passed away until the decision on inheritance is made.
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Rajab, Rajab, Elizamiharti Elizamiharti, and Muslim Muslim. "ISLAMIC INHERITANCE LAW IN SARUASO AND SAWAH TANGAH VILLAGES BASED ON ISLAMIC PRINCIPLES." Jurnal Ilmiah Islam Futura 22, no. 2 (August 4, 2022): 225. http://dx.doi.org/10.22373/jiif.v22i2.12130.
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This research aims to comprehend the practice of dividing the inheritance in Saruaso and Sawah Tangah Villages following the distribution principle of inheritance law distribution in Islam. The problem was that there were different views on the distribution of inheritance in the Saruaso and Sawah Tangah Villages with the provisions on the distribution of inheritance based on Islamic teachings. Meanwhile, the people of Saruaso and Sawah Tangah Villages embraced Islam. This research used a survey method. The research object was Niniak Mamak (indigenous stakeholders) and Bundo Kanduang (village's mothers) in two villages, Kanagarian Saruaso and Kanagarian Sawah Tangah. The sampling technique used was the purposive sampling technique. The results of this research are the practice of dividing inheritance in Saruaso and Sawah Tangah Village; in this case, low inheritance does not conflict with the provisions that apply to inheritance law in Islamic teachings (based on Faraid law). While the division of high inheritance follows customary provisions, this is because the high inheritance belongs to the people (tribes), cannot be traded, and cannot be divided individually.
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Fakhyadi, Defel. "Hukum Waris Mazhab Negara: Sebuah Tinjauan Sisi Maslahah (Studi Analisis Pemikiran Hazairin dan KHI)." JURNAL INDO-ISLAMIKA 4, no. 1 (June 20, 2014): 113–46. http://dx.doi.org/10.15408/idi.v4i1.1555.
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This article proves that the modernization of inheritance law is a form of reformation in Islamic law by taking into account the sociological condition of the society to achieve maslahah (maqasid al-shariah). Islamic inheritance law is influenced by the Arabic inheritance law in the pre-Islam era that followed patrilineal system, which influenced the mainstream thoughts of Islamic scholars in understanding inheritance law. This, in turn, resulted in patriarchal Islamic inheritance law. For that reason, it is necessary to re-interpret the law in order to construct a comprehensive fiqh (Islamic law). Hazairin’s thoughts are a revolutionary of inheritance law in Indonesia, such as bilateral inheritance, ahli waris pengganti and kala>lah. Some inheritance law reform contained in KHI are not addressed in conventional fiqh, because there are several aspects to be taken by Indonesian scholars whose ideas are not in conflict with the principles of Sharia (maslahah).
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Komari, Komari. "DINAMISASI DAN ELASTISITAS HUKUM KEWARISAN ISLAM." Jurnal Hukum dan Peradilan 1, no. 3 (November 30, 2012): 463. http://dx.doi.org/10.25216/jhp.1.3.2012.463-486.
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Islamic law of inheritance is, to be followed by all Muslims, but its implementation is not in accordance with the provisions of Islamic law, this is caused by lack of understanding of Islamic inheritance law. In the application of the Islamic law of inheritance can be different from the norms of Islamic law itself, which is done by reconciliation or peace, which is not in accordance with the provisions of Islamic law, but through the application of such a method of interpretation. Interpretation in the application of the law of inheritance is possible in an understanding of the heirs any other alternative that contains the values of justice and peace among the heirs and families. Keywords: Dynamics, Elestisitas, Islamic inheritance law