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Journal : Edukasi Islami : Jurnal Pendidikan Islam

A MODEL OF ISLAMIC EDUCATION GUIDANCE ON INHERITED ASSETS INDICATES CONFLICT AMONG HEIRS Anwar MS; Pagar Pagar; Nurasiah Nurasiah
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4246

Abstract

Islamic law has regulated the rules for distributing inheritance to the heirs of the jawil furud in detail and clearly, but the time when it must be carried out and distributed to the heirs is subject to the provisions and provisions of the Syar'i law regarding the time limit that must be carried out so as to maintain the benefit and eliminate harm. The stipulation of a rule governing the timing of Bener Meriah Regent Regulation Number 19 of 2022 has stipulated that 100 days after the death of the heirs must be given the rights of the heirs without any fighting over and controlling each other without the sincerity of the owner of the rights obtained through inheritance. The time-limit provisions can provide benefits to the heirs without any delay in the implementation of the distribution of inheritance. Besides that, the role of Islamic education is to be able to form good character and maintain Islamic values in various aspects of life, including the distribution of inheritance. This refers to the understanding of the legal foundations for the distribution of inherited assets.
A STUDY OF ISLAMIC LEGAL PHILOSOPHY OF THE CONCEPT OF COLLECTIVE PROPERTY IN INDONESIA BASED ON CORRECTIVE JUSTICE AND THE ISLAMIC EDUCATION MODEL Rifnatul Hasanah Harahap; Pagar Pagar; Syafruddin Syam
Edukasi Islami : Jurnal Pendidikan Islam Vol 11, No 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4175

Abstract

Analysis of the Concept of Joint Assets in the Compilation of Islamic Law reviewed Based on Corrective Justice Values is an Islamic law study that discusses legal issues regarding joint assets. Based on the reality and legal developments that occur in Indonesian society, which is very dynamic, and from several court decisions, it was found that, in general, the panel of judges at the Religious Courts, in deciding cases for claims for the distribution of joint assets, did not depart from these laws and regulations, namely by dividing joint property equally (half share) between husband and wife. This rule causes many problems that occur when practicing the rulings of the religious courts, because not a few people consider that the distribution of joint assets does not fulfill a sense of justice. For this reason, it is necessary to understand in detail the distribution of joint assets based on the inculcation of Islamic values through education. This research model (mode of inquiry) is qualitative. While the approach used is philosophical legal research, In conclusion, this study shows that the distribution of joint assets between ex-husband and ex-wife, based on the value of corrective justice, should be divided according to the amount of effort between the two in obtaining assets during marriage, dividing equally (50:50, Article 97 KHI). is considered that there are times when not fulfilling a sense of justice is necessary when one party has committed an act that is detrimental to the other party (husband or wife) because it does not carry out what has become its obligation in the long term.
A STUDY OF ISLAMIC LEGAL PHILOSOPHY OF THE CONCEPT OF COLLECTIVE PROPERTY IN INDONESIA BASED ON CORRECTIVE JUSTICE AND THE ISLAMIC EDUCATION MODEL Rifnatul Hasanah Harahap; Pagar Pagar; Syafruddin Syam
Edukasi Islami: Jurnal Pendidikan Islam Vol. 11 No. 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4175

Abstract

Analysis of the Concept of Joint Assets in the Compilation of Islamic Law reviewed Based on Corrective Justice Values is an Islamic law study that discusses legal issues regarding joint assets. Based on the reality and legal developments that occur in Indonesian society, which is very dynamic, and from several court decisions, it was found that, in general, the panel of judges at the Religious Courts, in deciding cases for claims for the distribution of joint assets, did not depart from these laws and regulations, namely by dividing joint property equally (half share) between husband and wife. This rule causes many problems that occur when practicing the rulings of the religious courts, because not a few people consider that the distribution of joint assets does not fulfill a sense of justice. For this reason, it is necessary to understand in detail the distribution of joint assets based on the inculcation of Islamic values through education. This research model (mode of inquiry) is qualitative. While the approach used is philosophical legal research, In conclusion, this study shows that the distribution of joint assets between ex-husband and ex-wife, based on the value of corrective justice, should be divided according to the amount of effort between the two in obtaining assets during marriage, dividing equally (50:50, Article 97 KHI). is considered that there are times when not fulfilling a sense of justice is necessary when one party has committed an act that is detrimental to the other party (husband or wife) because it does not carry out what has become its obligation in the long term.
A MODEL OF ISLAMIC EDUCATION GUIDANCE ON INHERITED ASSETS INDICATES CONFLICT AMONG HEIRS Anwar MS; Pagar Pagar; Nurasiah Nurasiah
Edukasi Islami: Jurnal Pendidikan Islam Vol. 11 No. 03 (2022): Edukasi Islami: Jurnal Pendidikan Islam
Publisher : Sekolah Tinggi Agama Islam Al Hidayah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30868/ei.v11i03.4246

Abstract

Islamic law has regulated the rules for distributing inheritance to the heirs of the jawil furud in detail and clearly, but the time when it must be carried out and distributed to the heirs is subject to the provisions and provisions of the Syar'i law regarding the time limit that must be carried out so as to maintain the benefit and eliminate harm. The stipulation of a rule governing the timing of Bener Meriah Regent Regulation Number 19 of 2022 has stipulated that 100 days after the death of the heirs must be given the rights of the heirs without any fighting over and controlling each other without the sincerity of the owner of the rights obtained through inheritance. The time-limit provisions can provide benefits to the heirs without any delay in the implementation of the distribution of inheritance. Besides that, the role of Islamic education is to be able to form good character and maintain Islamic values in various aspects of life, including the distribution of inheritance. This refers to the understanding of the legal foundations for the distribution of inherited assets.