PENERAPAN WASIAT WAJIBAH KEPADA AHLI WARIS NON MUSLIM PERSPEKTIF MASLAHAH MURSALAH (Studi Putusan Mahkamah Agung Republik Indonesia Tahun 1995-2010)

RAHMAD SETYAWAN, S.H., 17203011025 (2019) PENERAPAN WASIAT WAJIBAH KEPADA AHLI WARIS NON MUSLIM PERSPEKTIF MASLAHAH MURSALAH (Studi Putusan Mahkamah Agung Republik Indonesia Tahun 1995-2010). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The legacy law is a justice managing about removal the right owner heritance of heirs, determining who have the right to be beneficiaries and how much they would get the heritage. In specific cases, the Islamic inheritance law has remark itself, different from others inheritance law, the differentiation of Islamic legacy from other is the principle Islamic personality. The Islamic law explicitly forbids the bequeathing between Muslim and non-Muslim, as if, the rule have closed the way for non-Muslim to allot the heritable from Moslem devisor, however, not giving the partial of heritage to the non-Muslim‟s heir as the original rule being felt injustice and no alignment with the law value and justice that develop in among Indonesian‟s heterogenetic societies. In solving the two problems, Indonesian Supreme court has done unification law by giving an obligation testament to Non-Muslim heir. In this research, the writer want to know how the method of the Indonesian Supreme Court that is used in giving an obligation testament to the Non-Muslim heir, and how observation of maslahah mursalah in this issueThis kind of research is library research, namely the source of the data from literatures which related with the object researches such as, books, journals, articles and acts that have relevancy with the theme discussed. As the data used by the writer are primer data involve four duplication Supreme Court‟s judicial decision in 1995- 2010. This data method analyze which is used to present description upon the giving of obligation testament for Non-Muslim heir in judicial decision in 19945-2010. The result of this research in this thesis is the Supreme Court in resolving the heritance controversy owing to different religion not only concentrate to the meaning literatures of law text. The Supreme Court had found invention of law by applying istilahi method. Giving a will is obligatory for the Non-Muslim heir as effort to obtain benefit. Beside of that, based on the common principle of law texts, there are five main elements to be obtained and to be nurtured, namely religion, soul, descendant, mind and wealthy. Based on point of view maslahah mursalah , giving an obligation testament to the Non-Muslim Heir based on the Supreme Court‟s decretal in 1995-2010 can be corrected legally, Because there are no theorems in the Holy Quran and Al-hadist supporting or refusing give an obligation testament for non-Muslim heir.

Item Type: Thesis (Masters)
Additional Information: Dr. Riyanta, M. Hum.
Uncontrolled Keywords: Obligation Testament, Inheritance Barrier, law Invention and Maslahah Mursalah
Subjects: Hukum Islam
Divisions: Pascasarjana > Thesis > Hukum Islam > Syari'ah dan Hukum
Depositing User: Sri Lestari
Date Deposited: 18 Nov 2020 13:46
Last Modified: 18 Nov 2020 13:46
URI: http://digilib.uin-suka.ac.id/id/eprint/41051

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