Perbandingan Hukum Waris Islam dengan Hukum Waris KUHPerdata Dipandang dari Sisi Keadilan

• Main Authors: , Teguh Sukma Harahap, , Prof. Dr. Abdul Ghofur Anshori, S.H., M.H.
• Format: Theses and Dissertations NonPeerReviewed
• Published: [Yogyakarta] : Universitas Gadjah Mada 2011
• Subjects: ETD
• Online Access: https://repository.ugm.ac.id/38983/; http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=50003
• Institution: Universitas Gadjah Mada

The purpose of this research is to know the difference between male heirs with female heirs according to Islamic inheritance law and Civil Inheritance Law, knowing similarities and differences between the principles used in the division of inheritance according to Islamic law and Civil Inheritance Law provides picture of justice in the distribution of inheritancethat occur according to Islam and Inheritance by Civil Code. This research is normative. Juridical because in reviewing the existing problems based on material studied by law or regulation in connection with research materials through library research to obtain secondary data. Normative because this research is based on library research to obtain data relevant to the problem of research. Results of research: (1) The divison between the Islamic inheritance law and the Civil Code is very different, the Islamic inheritance law is not concerned about the portion of the equation, but more attention to the difference between rights and obligations of men to women. Differences portion of inheritance received by a larger male than female (2:1) because of differences in assumed liabilities males larger than female. This differs from the inheritance according to the Civil Code which look the same rights and obligations between men and women, so there is no difference in the portion of inheritance received by men with women in inheritance systems (1:1). (2) Equation on the principles of Islamic inheritance law inheritance law the Civil Code with equally principle bearing individua l, bilateral principle, the principle of death, degree principle, and the principle of expediency. While the difference, the Islamic inheritance law has monotheism principle, the principle ijbari, balanced fairness, the principles of Islamic personality and the principle tasaluh, while the Civil Code on inheritance law has the principle of absolute equality, and the principle of switching automatically. (3) Islamic inheritance law have justice more holistic value by considering the factors of socio-cultural which indeed shows the difference in status and obligations between men with women. While inheritance law under the Civil Code has a value of justice which emphasizes the absolute equality between human beings, both men and women.