Comparative Analysis on the Regulation of Substitute Heir’s Position in the Civil and Islamic Inheritance Law Perspective

DOI

10.2991/assehr.k.220404.135How to use a DOI?

Keywords

Comparative; Regulation; Substitute Heirs; Civil Inheritance Law; Islamic Inheritance Law

Abstract

Inheritance law is part of family law that plays an important role, even determines and reflects the family system that applies in the society. Inheritance law is closely related to human life as it is related to property and human beings with one another. The study uses the normative juridical research method, namely a legal research performed or shown in the articles in the statutory provisions governing the issue, examining library materials or documents called secondary data, in the form of primary, secondary, and tertiary legal materials. In addition, this study also uses statutory, comparative, and conceptual approach. The legal position of substitute heirs in Islamic inheritance is formulated in Article 185 paragraph (1) of the KHI, namely the heirs who die before the testator are replaced by their children, except those who are mentioned in article 173 (commit serious persecution) and are Muslim while according to the civil inheritance law, it has been very clearly regulated regarding substitute heirs, their position, the range of the legal line and all the provisions in Articles 841-848 of the Civil Code, among others, in the acquisition of equal rights between substitutes and those who are replaced. Arrangements regarding substitute heirs, forms or replacement of place according to Islamic legal inheritance with civil law inheritance occur if an heir first dies before the testator then the child of the heir has the right to replace the heir’s position. In the sense that the substitute heir receives the right to inherit when the person who connects them to the testator is no longer there, and the most important thing is that the substitute heirs and those who are replaced must have legal kinship relations (blood ties) to the testator.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

TY  - CONF
AU  - Ahmad Redi
AU  - Hartini Antasari
PY  - 2022
DA  - 2022/04/21
TI  - Comparative Analysis on the Regulation of Substitute Heir’s Position in the Civil and Islamic Inheritance Law Perspective
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 850
EP  - 856
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.135
DO  - 10.2991/assehr.k.220404.135
ID  - Redi2022
ER  -