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All Journal Al-Bayyinah
Rohman Syah
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Law, Crime, Criminology & Criminal Justice

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Parental Grants to Children and Their Relation to Inheritance in the Perspective of Positive and Customary Laws of Indonesia Ikhfa Nur Afriani; Rohman Syah; Nur Avita
Al-Bayyinah Vol 7, No 1 (2023): Al-Bayyinah
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v7i1.3064

Abstract

The understanding of the correlation between parental grants (hibah) to children and inheritance can lead to disputes and conflicts among heirs within families in Indonesia. This article aims to elucidate the correlation between gifts and inheritance, particularly parental gifts to children, from the perspective of positive law and customary law in Indonesia. To achieve this, the author conducted a literature review to examine and analyze various relevant sources on gifts and their correlation with inheritance. This study yielded the following conclusions: Firstly, according to the Civil Code (KUHPerdata), Compilation of Islamic Law (KHI), and customary law, gifts given by parents to children can be counted as part of the inheritance. Secondly, the status of a child who is a recipient of parental gifts, according to the Civil Code, KHI, and customary law, does not hinder them from receiving their rightful inheritance.
Co-Authors Ikhfa Nur Afriani Nur Avita