Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam
), Barzah Latupono(2), La Ode Angga(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.
Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.
Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.
Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.Keywords
DOI
10.47268/tatohi.v3i4.1795
Published
2023-10-08
How To Cite
@article{TATOHI1795,
author = {Putri Samiat and Barzah Latupono and La Ode Angga},
title = {Kajian Tentang Pembagian Harta Warisan Dari Suami Istri Yang Telah Meninggal Dunia Tanpa Keturunan Menurut Hukum Islam},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {3},
number = {4},
year = {2023},
keywords = {Distribution of Inheritance Assets; Islamic Law Compilation; Islamic Law},
abstract = {Introduction: Husband and wife who died left joint property both movable and immovable property where both husband and wife did not have children.Purposes of the Research: The goals to be achieved in this study are as follows: 1. To find out and analyze the division of inheritance of husband and wife who have died without offspring according to Islamic law. To find out and analyze the legal consequences if the inheritance of a husband and wife who has died without offspring is controlled by her husband's family according to Islamic law.Methods of the Research: This research is a type of normative legal research in which legal research whose object of study includes provisions of legislation and legal materials that are documentary, with the subject of Study on the Division of Inheritance From Husband and Wife Who Have Died According to Islamic Law.Results of the Research: The results obtained from this study are: 1. The division of inheritance of husband and wife who have died according to Islamic law, namely If referring to Article 179 compilation of Islamic Law (KHI) that is, if in marriage no child is born and the husband and wife has died and does not leave children and parents, then the right as heirs to the property of the husband and wife, namely the family of the husband and family on the part of the wife.The part that must be obtained by the husband's family and the wife's family when referring to Article 179 KHI is 1/2 part of the husband's family and 1/2 part of the wife's family. As a result of the law if the inheritance of the deceased husband and wife is controlled by the husband's family according to Islamic law, which is contrary to Article 97 KHI, where it is said that the inheritance of the deceased husband and wife must be divided by one-second (1/2) part for the family of the deceased Wife and one-second (1/2) part for the deceased husband's family.},
issn = {2775-619X}, pages = {351--365} doi = {10.47268/tatohi.v3i4.1795},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1795}
}
Jurnal
Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Ialam, Vol : 08, NO: 1, Mei 2020. hal 77 https://jurnal.staialhidayahbogor.ac.id/index.php/am/article/view/771/529.
Wa Eni, Sitti Hafsah Wa Ode, Sewa Suraya Rahmat: Pembagian Harta Warisan Tanah Perkebunan Menurut Hukum Adat Muna (Tinjauan Antropologi Hukum Pada Masyarakat Di Desa Umba Kecamatan Napano Kusambi Kabupaten Muna Barat) 47 KABANTI: Jurnal Sosial Dan Budaya Volume 2, Nomor 1, Juni 2018: 47-56 Http://Journal.Fib.Uho.Ac.Id/Index.Php/Kabanti.
Shintya Dwi Puspita, Fabian Fadhly: Jurnal Legitieme Portie Dalam Hukum Waris Islam Di Indonesia, Volume 1, Nomor 12, Desember 2015: hlm. 365 https://journal.unpar.ac.id/index.php/veritas/article/download/1692/1610/3532.
Suwardi Lubis, Pengertian Konsep Nilai Dan Sistem Nilai Budaya Pengertian Konsep Nilai Dan Sistem Nilai Budaya, https://suwardilubis.blogspot.com/2016/01/pengertian-konsep-nilai-dan-sistem.html,
Buku
Achmad Kuzari, Sistem Asabah, Jakarta: Raja Grafindo Persada: 1996.
Ahmad Hasan, Al-Faraid, (Jakarta: Pustaka Prograsif: 1996.
Amir Syarifudin. Hukum Kewarisan Islam, Jakarta: Kencana Pranada Media: 2004.
Departemen Agama RI, Al-Hikmah Al-Qur’an dan Terjemahnya, Bandung: Diponegoro: 2010.
Farmawati Irma,. Antropologi Budaya, Pendekatan Habanoron Do Bona Sebagai Falsafah Hidup Masyarakat Siamalungun, Deepublis Yogyakarta, 2020.
Faturrahman, Ilmu Waris, Bandung: al-ma’arif:1975.
Ibnu Hajar Al-Asqolani, Bulugul Maram, (Mekkah: Al-Haromaini: 1378 H.
Mohammad Muhibbin dan Abdul Wahid, Hukum Kewarisan Islam (Sebagai Prmbaharuan Hukum Positif di Indonesia), Jakarta: Sinar Grafika, 2009.
Peter Mahmud Marzuki, Penelitian Hukum, Jakarta: Kencana Prenada Media Group, 2008.
Rahman I, Doi, Penjelasan Lengkap Hukum-hukum Allah (Syariah), Jakarta: Raja Grafindo Persada: 2002.
Shidqi Jamil Al-‘Attor, Sunan Nasa’i, Beirut: Darul Fiqri: 2005.
Suhrawardi K. Lubis, dan Komis Simanjuntak, Hukum Waris Islam (Lengkap & Praktis), Jakarta: Sinar Grafika: 1995.
: 402 times
Download : 264 times
Refbacks
- There are currently no refbacks.
Copyright (c) 2023 Putri Samiat, Barzah Latupono, La Ode Angga
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
