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TINJAUAN HUKUM ISI SURAT WASIAT YANG MENGHAPUS HAK AHLI WARIS (ANAK KANDUNG) BERDASARKAN HUKUM ISLAM DIHUBUNGKAN DENGAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK

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The will in Islamic law must fulfill the provisions in the Qur'an, the Hadith
of the Prophet Muhammad, and the Compilation of Islamic Law (KHI). The
contents of a will can’t be detrimental to the heirs. This research will discuss the
legal validity of the contents of a will that removes the rights of heirs (biological
children) and legal remedies against biological children who are removed from
becoming heirs in the contents of a will based on Islamic law and Law Number
35 of 2014 concerning Child Protection.
This research is a normative juridical legal research, which is an approach
method that uses existing legal norms as a tool to solve the problems faced.
Then, the research specifications used in this study are analytical descriptive,
which is analyzing the research object by describing cases regarding the contents
of a testament that removes rights of heir (biological children).
Based on the results of the study, the contents of the testament that
eliminate the rights of heirs (biological children) are contrary to the provisions in
the Qur'an, the Hadith of the Prophet Muhammad, and the Compilation of Islamic
Law (KHI). In addition, heirs who are disadvantaged due to the contents of a
testament, can carry out non-litigation legal efforts namely through the institution
of tahkim (mediation) or through deliberation with other heirs to reach consensus
or undertake litigation legal efforts namely submitting a case to the Religious
Court.

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Call Number

053/2020

Publisher

Bandung : Fakultas Hukum UNPAD., 2020

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Language

English

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NONE

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