PROBLEMS IN THE APPLICATION OF ISLAMIC INHERITANCE
LAW
Abstract
Inheritance law is also part of Islamic law which plays an important role in Islamic law.
This can be seen in the verses of the Koran which regulate the causes of inheritance
problems experienced by everyone. Inheritance law is a provision that regulates property
matters, if it is not regulated in detail it will result in very fatal disputes within the family.
This writing uses an approach method in legal research, namely the statutory approach and
others. It can be concluded from this writing that to change the principles, the method taken
is simply by changing the sound of article 185 and simply stating it in one paragraph which
reads: The heir who dies before the heir, then his position is replaced by his child, except
for those who in article 173. Before changes are made to the sound of this article, it is
hoped that the Supreme Court can issue a circular to that effect.
Keywords: Inheritance Law; Islamic law; Heir
Introduction
Inheritance law is a rule to regulate the transfer of property rights or the distribution
of inheritance from the testator to the heirs. Inheritance law is also part of Islamic law
which plays an important role in Islamic law. This can be seen in the verses of the Qur'an
which regulate the causes of inheritance problems experienced by each person. Inheritance
law is a provision that regulates property issues, if not regulated in detail it will result in
very fatal disputes in the family. Islamic inheritance law, the most dominant one adopted
in Indonesia is the teachings of Ahlus Sunnah Wal Jama'ah from the Syafii School, applies
to Indonesians who are Muslim. The Qur'an is the main basis for Islamic inheritance law,
containing verses that explain the basic principles and provisions for the distribution of
inheritance. An-Nisa letter verses 11-12: This verse explains the distribution of inheritance
to 12 heirs, including men and women, with different proportions. An-Nisa letter verse
176: This verse confirms that there is no (will) for heirs who have a blood relationship.
, Surah Al-Baqarah verse 240: This verse explains the inheritance rights of daughters and
biological mothers. 1
History that has occurred explains that the problem of inheritance law, especially
Islamic inheritance law, has undergone a very long and complicated process. This is proven
by the inheritance that occurred in the pre-Islamic era based on the traditions and customs
of the Arab nation during the Jahiliyah era. There are three causes of the transfer of
inheritance, namely; first, due to lineage or kinship. Second, through adoption. Third,
through an agreement.
First, the customary inheritance law system, the customary inheritance law system
in Indonesia is influenced by the principle of kinship. Kuntjaraningkrat said that there are
four main principles of lineage (princeple decent) in Indonesia, namely: The Patrilineal
Principle (Patrilineal Decent) which calculates kinship through men only, and therefore
results in each individual in society all of the father's relatives entering the boundaries of
his kinship, while the relatives fall outside those boundaries; The Matrilineal Principle
(Matrilineal Decent), which connects kinship through women only, and therefore results in
each individual in society all of the mother's relatives within the boundaries of his kinship,
while the father's relatives fall outside those boundaries; Bilineal Principle (Bilineal
Decent) this principle is also often called double decent, which calculates kinship relations
through men only, for a number of certain rights and obligations, and through women only
for a number of other rights and obligations, and because it results in each individual in
society sometimes all of the father's kinship falls within the limits of his kinship relations,
while the mother's kinship falls outside those limits, and sometimes vice versa; Bilateral
Principle (Bilateral Decent) which calculates descent relations through father and mother
Second, the Western Inheritance Law System, A. Pitlo stated that inheritance law
is a collection of regulations that regulate the law regarding wealth due to a person's death,
namely regarding the transfer of wealth left by the deceased and the consequences of the
relationship between them and them, as well as in the relationship between them and third
parties (Pitlo: 1986). Another definition is conveyed by Wirjono Prodjodikoro that
inheritance law is the laws or regulations that regulate whether and how the various rights
1
Syarifuddin, A. (2015). Hukum kewarisan islam. Prenada Media.
LAW
Abstract
Inheritance law is also part of Islamic law which plays an important role in Islamic law.
This can be seen in the verses of the Koran which regulate the causes of inheritance
problems experienced by everyone. Inheritance law is a provision that regulates property
matters, if it is not regulated in detail it will result in very fatal disputes within the family.
This writing uses an approach method in legal research, namely the statutory approach and
others. It can be concluded from this writing that to change the principles, the method taken
is simply by changing the sound of article 185 and simply stating it in one paragraph which
reads: The heir who dies before the heir, then his position is replaced by his child, except
for those who in article 173. Before changes are made to the sound of this article, it is
hoped that the Supreme Court can issue a circular to that effect.
Keywords: Inheritance Law; Islamic law; Heir
Introduction
Inheritance law is a rule to regulate the transfer of property rights or the distribution
of inheritance from the testator to the heirs. Inheritance law is also part of Islamic law
which plays an important role in Islamic law. This can be seen in the verses of the Qur'an
which regulate the causes of inheritance problems experienced by each person. Inheritance
law is a provision that regulates property issues, if not regulated in detail it will result in
very fatal disputes in the family. Islamic inheritance law, the most dominant one adopted
in Indonesia is the teachings of Ahlus Sunnah Wal Jama'ah from the Syafii School, applies
to Indonesians who are Muslim. The Qur'an is the main basis for Islamic inheritance law,
containing verses that explain the basic principles and provisions for the distribution of
inheritance. An-Nisa letter verses 11-12: This verse explains the distribution of inheritance
to 12 heirs, including men and women, with different proportions. An-Nisa letter verse
176: This verse confirms that there is no (will) for heirs who have a blood relationship.
, Surah Al-Baqarah verse 240: This verse explains the inheritance rights of daughters and
biological mothers. 1
History that has occurred explains that the problem of inheritance law, especially
Islamic inheritance law, has undergone a very long and complicated process. This is proven
by the inheritance that occurred in the pre-Islamic era based on the traditions and customs
of the Arab nation during the Jahiliyah era. There are three causes of the transfer of
inheritance, namely; first, due to lineage or kinship. Second, through adoption. Third,
through an agreement.
First, the customary inheritance law system, the customary inheritance law system
in Indonesia is influenced by the principle of kinship. Kuntjaraningkrat said that there are
four main principles of lineage (princeple decent) in Indonesia, namely: The Patrilineal
Principle (Patrilineal Decent) which calculates kinship through men only, and therefore
results in each individual in society all of the father's relatives entering the boundaries of
his kinship, while the relatives fall outside those boundaries; The Matrilineal Principle
(Matrilineal Decent), which connects kinship through women only, and therefore results in
each individual in society all of the mother's relatives within the boundaries of his kinship,
while the father's relatives fall outside those boundaries; Bilineal Principle (Bilineal
Decent) this principle is also often called double decent, which calculates kinship relations
through men only, for a number of certain rights and obligations, and through women only
for a number of other rights and obligations, and because it results in each individual in
society sometimes all of the father's kinship falls within the limits of his kinship relations,
while the mother's kinship falls outside those limits, and sometimes vice versa; Bilateral
Principle (Bilateral Decent) which calculates descent relations through father and mother
Second, the Western Inheritance Law System, A. Pitlo stated that inheritance law
is a collection of regulations that regulate the law regarding wealth due to a person's death,
namely regarding the transfer of wealth left by the deceased and the consequences of the
relationship between them and them, as well as in the relationship between them and third
parties (Pitlo: 1986). Another definition is conveyed by Wirjono Prodjodikoro that
inheritance law is the laws or regulations that regulate whether and how the various rights
1
Syarifuddin, A. (2015). Hukum kewarisan islam. Prenada Media.
