Impelementation Of Islamic Inheritance Law In The System Indonesian Civil Law (Case Study of Inheritance Dispute Resolution)

Inheritance Law, Islam, Civil Code

Abstract

The implementation of Islamic inheritance law in the Indonesian civil law system is not directly applicable, as the two have different foundations and principles. However, Islamic inheritance law can be applied to Muslims throughCompilation of Islamic Law (KHI), which was submitted byreligious courts, WhereInheritance distribution is based on Islamic law. Meanwhile, the Indonesian civil law system (KUHPerdata) applies to non-Muslims and regulates inheritance distribution based on gender-neutral regulations.The research conducted is normative research with  using library research methods to examine secondary data. This type of research data is secondary data. Primary and secondary legal materials are systematically compiled and analyzed qualitatively.The legal provisions for inheritance rights according to the Compilation of Islamic Law apply to Muslims and emphasize equitable distribution according to Islamic law, with different portions for certain heirs (for example, two sons for two daughters). Meanwhile, civil law (KUH Perdata) applies to non-Muslims, with the basic principle of equal distribution for heirs of the same rank, regardless of gender. The main differences lie in the principles of justice, equality, and different categories of heirs. The dynamics of inheritance law related to inheritance rights according to the Compilation of Islamic Law and civil law lie in the legal basis, criteria for heirs, and distribution mechanisms