Criticizing the Compilation of Islamic Law (KHI) to Resolve the Case of Grandchildren’s Inheritance Right in Religious Courts

DOI

10.2991/978-2-494069-81-7_4How to use a DOI?

Keywords

heir; successor heir; The Islamic Law Compilation; grandchildren’s inheritance right

Abstract

The Islamic Law Compilation is a material law of the religious courts which has been in effect since 1991, and has been used as a reference by many court decisions, especially in the field of inheritance. However, not all of the articles in it can be understood clearly, especially those relating to articles 174 and 185 concerning heir, and successor heir. The relationship of the two articles still become controversial issue, proved to a number of inconsistent judge’s decisions. This study discussed two problems, namely: first, why did different interpretations arise for the both articles; and second, how should they be interpreted proportionally by the judges. Based on content analysis of the both articles and some religious court decisions, the results of this study indicate that articles 174 and 185 are unclear. The judge made legal finding by extensive methods of interpretation to extend the meaning of the children in article 174 to the grandchildren and also did the same to extend the application of the successor heirs to the great-grandchildren in article 185. They also used the method of legal construction (argumentum per analogium) to establish obligatory bequest on the great-grandchildren who were domiciled as successor heirs.

Copyright

© 2022 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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TY  - CONF
AU  - Diana Zuhroh
PY  - 2022
DA  - 2022/12/22
TI  - Criticizing the Compilation of Islamic Law (KHI) to Resolve the Case of Grandchildren’s Inheritance Right in Religious Courts
BT  - Proceedings of the 1st International Seminar on Sharia, Law and Muslim Society (ISSLAMS 2022)
PB  - Atlantis Press
SP  - 23
EP  - 36
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-81-7_4
DO  - 10.2991/978-2-494069-81-7_4
ID  - Zuhroh2022
ER  -