Skripsi

TINJAUAN YURIDIS PEMBERIAN WASIAT WAJIBAH KEPADA AHLI WARIS NON-MUSLIM MENURUT HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM

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In this life everyone is going to experience the phase of death. Granting
inheritance to those who left had been set by Allah SWT in the science of
inheritance. The purpose of this research is to obtain an overview of the
implementation of the wajibah will to Indonesian non-Moslem based on Islamic
Law and Compilation of Islamic Law based on court decisions, as well as to
determine the position of wajibah will to the non-Muslims in Indonesia to religion
court in determining wajibah will.
The method that used in this research is normative juridical approach to
the specification of descriptive analysis. The steps of research conducted by
researchers include research literature and field research (field research). While the
collection techniques of datas are including literature and document research. Then
to methods of data analysis are studied and analyzed by juridical qualitative.
The results of this research indicate that (1) the implementation of the
wajibah will to the Indonesian non-Muslims under the Islamic law is not match to
the shari'ah beacause of the Muslim wealth is not for the unbelievers nor vice versa,
while according to the Compilation of Islamic Law the given of the wajibah will to
the non-Muslims in context to keep the family together and accommodate their
social reality in Indonesian society when viewed in terms of the benefit should be
considered and may be associated with the intention of the teachings of Islam that
sense of fairness; (2) the heirs position to the non-Muslims in Indonesia based on
the decision of a religious court in determining wajibah will is to strengthen the
position of heir who do not co-religionists in getting the estate since many rules
Indonesia adopted from Customary law is based on the balance and benefit of the
people without looked at religion.

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Detail Information

Series Title

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Call Number

133/2017

Publisher

Bandung : Fakultas Hukum UNPAD., 2017

Collation

x, 124 hal, 30 cm.

Language

Indonesia

ISBN/ISSN

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Classification

133/2017

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Edition

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Subject(s)

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