Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Vol 3 No II (2018): EDISI JULI - DESEMBER 2018

ANALISIS KASUS TENTANG JUAL BELI TANAH WARISAN YANG BELUM DIBAGI (STUDI PUTUSAN MAHKAMAH SYARIAH SIGLI NOMOR: 291/PDT-G/2013/MS-SGI)

fasya, fasya (Unknown)

Article Info

Publish Date
16 Dec 2018

Abstract

The result shows that in the Islamic law, inheritance land which has not been distributed is prohibited to be bought and sould because it is still owned by the other heirs. If all heirs approve of the buy and sell it can be bought and sold, otherwise it is considered illegal and revoked. Legal protection for the buyer of undistributed inheritance land is that he can file a complaint in civil case on the seller and the Notary/PPAT (official who is empowered to draw up deeds) who has drawn up the sales agreement. He can also file a complaint in criminal case by reporting a fraud as it is stipulated in Article 378 of the Criminal Code Judge’s legal consideration in the Ruling of the Sharia Court No. 291/Pdt.G/ 2013/Ms-Sgl has fulfilled the sense of justice for the land owner since all heirs have had their equal share on the land so that they are not harmed.

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Journal Info
Al-Muamalat: Jurnal Hukum dan Ekonomi Syari'ah
Website

Abbrev

muamalat

Publisher

Institut Agama Islam Negeri Zawiyah Cot Kala Langsa

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

AL-MUAMALAT is a journal that focuses on the study of Islamic Law and Economics, AL-MUAMALAT Journal aims: 1. Sharia Economic Law 2. Agreement Law in Islam; 4. Comparative Law on Economics; 5. Community Economic Institutions; 6. Civil, Economic, Business (Conventional) ...