TINJAUAN YURIDIS TERHADAP PEMBAGIAN HARTA WARISAN YANG DIKUASAI OLEH ANAK PEREMPUAN DITINJAU DARI HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM.
JUDICIAL REVIEW TOWARDS HERITAGE PROPERTY DIVISION
WHICH OWNED BY DAUGHTER BASED ON ISLAMIC LAW AND
ISLAMIC COMPILATION LAW
ALIA NUR FATIMAH
110110110531
ABSTRACT
When a muslim died, then the heirs duty regarding his/her wealth is to
divide it based on the law of Allah SWT. Heritage property division
according to Islamic law doesn’t run smoothly as what has been written
within Al-qur’an and Hadist. Heritage property division dispute according to
Islamic law has to be settled without causing disharmony on family
relationship and family quarrels in the future.The goal of this study is to
determine the heritage status of the beneficiary and legal action that can
be done by other heir-at-law.
This is a normative judicial research with analytic descriptive studies. The
study based on the analysis of the heritage property status owned by the
daughter as beneficiary according to Islamic law and Islamic compilation
law and also the legal action that can be taken if the beneficiary’s rights
are violated in order to gain back her rights.
Based on the results of this study concluded that taking the inheritance
that is not belong to us is considered as a great sin and forbidden by the
Islamic law (haram) due to the way of possesion of inheritance is illegal by
the Islamic law (batil). Whilst the legal action by another heir-at-law can be
taken through the court either litigate or non-litigate.
v
WHICH OWNED BY DAUGHTER BASED ON ISLAMIC LAW AND
ISLAMIC COMPILATION LAW
ALIA NUR FATIMAH
110110110531
ABSTRACT
When a muslim died, then the heirs duty regarding his/her wealth is to
divide it based on the law of Allah SWT. Heritage property division
according to Islamic law doesn’t run smoothly as what has been written
within Al-qur’an and Hadist. Heritage property division dispute according to
Islamic law has to be settled without causing disharmony on family
relationship and family quarrels in the future.The goal of this study is to
determine the heritage status of the beneficiary and legal action that can
be done by other heir-at-law.
This is a normative judicial research with analytic descriptive studies. The
study based on the analysis of the heritage property status owned by the
daughter as beneficiary according to Islamic law and Islamic compilation
law and also the legal action that can be taken if the beneficiary’s rights
are violated in order to gain back her rights.
Based on the results of this study concluded that taking the inheritance
that is not belong to us is considered as a great sin and forbidden by the
Islamic law (haram) due to the way of possesion of inheritance is illegal by
the Islamic law (batil). Whilst the legal action by another heir-at-law can be
taken through the court either litigate or non-litigate.
v