Inheritance Division for Non-Muslim Heirs According to the Supreme Court’s Decision

DOI

10.2991/assehr.k.201113.036How to use a DOI?

Keywords

Reinterpretation, inheritance, heirs of different religions

Abstract

Inheritance problem is not new, but contextually, inheritance dispute problems often arise in the community. The verdict of the Supreme Court provides a different interpretation that inheritance for non-Muslims is permitted by means of the obligatory worship for the sake of justice and benefit. While many scholars have agreed on its prohibition, the Compilation of Islamic Law and the fatwa of Indonesian Ulama Council (MUI) went on to give their permission. The question is, “What is the method and approach used by the Supreme Court in deciding the case of inheritance of different religions?” The results of this study are expected to be a meaningful contribution to the development of knowledge in general and Islamic law in particular regarding the reconstruction of the freedom of judges in deciding the case of inheritance different Religion based on progressive law. This research is a combination of normative and empirical legal research (applied law research). Normative-empirical legal research is legal research that is the object of studying normative legal rules and their application to legal events. The Supreme Court’s decision on inheritance of different religions is a progressive attitude of the judge in observing the case, so that for the sake of legal justice, he gives it to non-Muslims by way of the obligatory wills. The decision of the Supreme Court Judges regarding the ability of non-Muslims to receive from Muslim heirs through the obligatory will, is a form of progressive, innovative and responsive attitude, a judge and has become jurisprudence for judges in the Religious Court.

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/).

Download article (PDF)

TY  - CONF
AU  - Agus Hermanto
AU  - Linda Firdawati
AU  - Relit Nur Edi
AU  - Dharmayani
AU  - Gandhi Liyorba
PY  - 2020
DA  - 2020/11/13
TI  - Inheritance Division for Non-Muslim Heirs According to the Supreme Court’s Decision
BT  - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
PB  - Atlantis Press
SP  - 190
EP  - 194
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201113.036
DO  - 10.2991/assehr.k.201113.036
ID  - Hermanto2020
ER  -