The Construction Of Inheritance On Different Religion And Reconstruction Through Mandatory Places
Journal Title: IOSR Journal of Research & Method in Education (IOSRJRME) - Year 2018, Vol 8, Issue 5
Abstract
Basic excuse judge in the Supreme Court decision No.16K / AG / 2010 is was borrowed which according to some Islamic thinkers non Muslim heirs inherit the estate through the streets was borrowed. Their opinions are as stated by Ibn Hazm, Al-Tabari and Muhammad Rashid Rida. (Wahbah Al-Zuhaili, 1989: 13). The concept "was borrowed" inspired by the opinion of Ibn Hazm, that in his opinion saying that the authorities must issue a portion of the relics of a person who died as a testament of him even though he did not intestate before, based on a thought that the authorities have a duty to ensure the rights of people who has not been fulfilled.According to the legal system in Indonesia, the agency will include was borrowed into absolute competence of the religious courts based on Law No. 7 of 1989 on the Religious Court related to Act No. 3 of 2006 on the amendment of Law No. 7 of 1989 on the Religious Courts. The judge referred to in inheritance Islam in Indonesia is conducted by judges in the sphere of religious courts in accordance with the first level of absolute competence as mandated by law.
Authors and Affiliations
Dr. Siti Ropiah SH. M. Hum
Keywords
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