Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)

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The Existence of Inheritance in Indonesia against Customary Inheritance Law and Islamic Inheritance Law

Authors
Agnes Listya Adeline1, *, Mella Ismelina Farma Rahayu1
1Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: adelineadhwa@yahoo.co.id
Corresponding Author
Agnes Listya Adeline
Available Online 21 December 2023.
DOI
10.2991/978-2-38476-164-7_2How to use a DOI?
Keywords
Codification; Cultural Heritage Law; Islamic Heritage Law
Abstract

In this study, the author describes the implementation of heritage law in Indonesia as 3 (three) legal frameworks that are heavily influenced by it, namely civil heritage law, Islamic heritage law and cultural heritage law. During the colonial period, the colonial government of the Dutch East Indies began to impose Western laws on Europeans and foreigners. Since the beginning of the arrival of Islamic law in Indonesia, it has been controlling the implementation of inheritance laws linked to Indonesian Muslim customs and traditions. For the citizens, a combination of traditional and Islamic law is applied. Inheritance Law in Islam describes the principles of inheritance law based on Islamic law. Currently, the practice of inheritance law in Indonesia is a combination of traditional and Islamic inheritance law. The type of research used is a qualitative research method. It can be seen that under the traditional law of inheritance, a group of people has a strong influence on the kind of friendship of the community itself, and every cultural law of inheritance affects the existence of the family system. Currently, according to Islamic inheritance, it has been determined in the Quran, Prophetic Hadiths and the collection of Islamic Laws regarding Islamic inheritance law.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 December 2023
ISBN
978-2-38476-164-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-164-7_2How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Agnes Listya Adeline
AU  - Mella Ismelina Farma Rahayu
PY  - 2023
DA  - 2023/12/21
TI  - The Existence of Inheritance in Indonesia against Customary Inheritance Law and Islamic Inheritance Law
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 4
EP  - 16
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_2
DO  - 10.2991/978-2-38476-164-7_2
ID  - Adeline2023
ER  -