%A NIM.: 22103040160 Muhammad Ali Pasya
%O Dr. M. Misbahul Mujib, S.Ag., M.Hum.
%T KEDUDUKAN SEPUPU SEBAGAI AHLI WARIS DALAM KONSEP KALALAH MENURUT KOMPILASI HUKUM ISLAM (STUDI PUTUSAN NOMOR 1656/PDT.G/2023/PA.SMN)
%X This research examines the legal standing of first cousins as heirs in kalalah inheritance cases a situation where a person passes away without leaving behind children or parents, which has not been explicitly regulated in the Compilation of Islamic Law (KHI). The study focuses on Sleman Religious Court Decision Number 1656/Pdt.G/2023/PA.Smn, which involves a lawsuit for the revocation of an heir determination filed by four first cousins of the decedent as the Plaintiffs against the decedent's widow as the Defendant, who had previously been designated as the sole heir via Decision Number 308/Pdt.P/2022/PA.Smn. This research aims to analyze the legal standing of cousins within the kalalah concept based on KHI provisions and their relevance to the legal facts of the case. Furthermore, it analyzes the legal reasoning (ratio decidendi) of the Panel of Judges in adjudicating the inheritance dispute.
This study employs Islamic Inheritance Theory (Faraid) utilizing a conceptual approach based on the ijbari principle and the lineage (nasab) hierarchy by Muhammad Amin Suma, Aristotle's Theory of Justice, and Paul Scholten's Theory of Legal Discovery (Rechtsvinding), further elaborated through Sudikno Mertokusumo's legal discovery framework as the analytical foundation. The research adopts a normative legal method (juridical-normative) with a descriptive-analytical specification. A statutory and case-based approach is utilized by examining Islamic inheritance provisions in Indonesia. Primary data is derived from the official copy of the court decision, supported by secondary legal materials and interview results as supplementary data.
The findings indicate that the Compilation of Islamic Law neither explicitly regulates cousins as heirs nor adopts the doctrine of dzawil arham. With respect to Article 171 letter c in conjunction with Article 174 paragraph (1) letter a, this constitutes normative rigidity rather than a legal vacuum, since blood relationship remains the basis of inheritance; a genuine normative vacuum instead exists in Articles 181 and 182, whose sibling lines were entirely closed in this case. In Decision Number 1656/Pdt.G/2023/PA.Smn, the panel of judges designated the cousins as heirs alongside the widow through justice-oriented legal discovery (rechtsvinding). Read through the stages of konstatir, kualifisir, and konstituir, this reasoning is sound at the fact-finding stage, doctrinally imprecise at the qualification stage as it does not explicitly elaborate the concepts of kalalah and dzawil arham, and incomplete at the determination stage as it does not formulate an executorial ruling over the disputed object.
%K Saudara Sepupu, Kalalah, Putusan Pengadilan Agama
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib78843