KEDUDUKAN ANAK NON MUSLIM TERHADAP PEWARIS ISLAM BERDASARKAN HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM (KHI) (Studi Kasus Putusan Nomor: 2/Pdt.G/2011/PA-Kbj)
| Main Author: | Salsabila, Ruqaiyah Nada |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/46511/1/FILE%20PENDAHULUAN.pdf http://eprints.umm.ac.id/46511/2/BAB%20I.pdf http://eprints.umm.ac.id/46511/3/BAB%20II.pdf http://eprints.umm.ac.id/46511/4/BAB%20III.pdf http://eprints.umm.ac.id/46511/5/BAB%20IV.pdf http://eprints.umm.ac.id/46511/6/LAMPIRAN.pdf http://eprints.umm.ac.id/46511/ |
Daftar Isi:
- This research is review about position a child of non muslim as the heir of Islamic be based on Islamic law with Kompilasi Hukum Islam (KHI), and analysis one of Court Verdict By Direktorate Supreme Court of Indonesia that is case of number: 2/Pdt.G/2011/PA-Kbj. This verdict makes some opinion between pro and cons which on the ruling of the case accusation by plaintiff was granted and set as the heirs of receiver for wasiat wajibah eventough the heir as Muslim. But judge used his based of verdict by jurisdiction of Supreme Court that is verdict number of: 51K/AG/1999 which said that Plantiff has the rigt for get his position as receiver by wasiat wajibah by his heirs. The decision of that verdict, writer wants to analysis this problem by KHI dan Islamic law. There are research method the used is juridical normative. This research is using by library research with deskriptif-analysis. The result of this research are: the consideration of judges and analysis in court verdict by number: 2/Pdt.G/2011/PA-Kbj was using by jurisdriction of supreme court of Indonesia which has purpose for get benefit Plantiff as receiver wasiat wajibah even in Islamic Law said that “a muslim can’t become inherit for get inheritance by a non muslim person even a non muslim person can’t become inherit for get property by a muslim person”. It has been mentioned in hadist of muslim. KHI also said that who can get a property of inheritance is who have blood relationship, marriage and a muslim.