Cancellation of Parents’ Grants Giving to Children According to the Islamic Law Compilation and the Civil Code
- DOI
- 10.2991/aebmr.k.200513.086How to use a DOI?
- Keywords
- cancellation of grants giving, parents, children
- Abstract
Grants are gifts given to others while they are still alive, free of charge without any conditions and irrevocable. However, giving of these grants often also causes disputes between heirs who disagree on the grant giving rise to disputes reaching the court. The causes are: 1) How to cancel the grant given by parents to their children according to the Compilation of Islamic Law and according to the Civil Code?; 2) What factors are the Judges’ considerations regarding the cancellation of a grant given by a parent to their children?. The method used is normative juridical. Secondary data sources as the main data source. Data collection methods by means of library study. Analysis of the data used is qualitative. The conclusions obtained are: 1) Cancellation of grants given by parents to their children according to the Compilation of Islamic Law and according to the Civil Code are equally permissible as long as they meet certain specified conditions; 2) Factors that cause the cancellation of grants given by parents to their children include the existence of an element of coercion and the amount of grants exceeds 1/3 of the grantor’s assets (Article 210 of the Compilation of Islamic Law). The legal basis for judges’ consideration of the cancellation of grants given by parents to their children is Article 49 of the Religious Courts Act and the application of Article 212 of the Compilation of Islamic Law and Article 1668 of the Civil Code.
- Copyright
- © 2020, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Yulies Tiena Masriani PY - 2020 DA - 2020/05/20 TI - Cancellation of Parents’ Grants Giving to Children According to the Islamic Law Compilation and the Civil Code BT - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020) PB - Atlantis Press SP - 436 EP - 441 SN - 2352-5428 UR - https://doi.org/10.2991/aebmr.k.200513.086 DO - 10.2991/aebmr.k.200513.086 ID - Masriani2020 ER -