Zona Law And Public Administration Indonesia
Vol. 1 No. 1 (2023): JULY 2023

Review of the Civil Code and Compilation of Islamic Law on the Grant of All Property to Adopted Children

Muhammad Hafiz Umul Husni (UIN Sunan Gunung Djati Bandung)
Nur Iqbal Khambali (UIN Sunan Gunung Djati Bandung)
Yusrizal Amir Syah (UIN Sunan Gunung Djati Bandung)
Ade Jamarudin (UIN Sunan Gunung Djati Bandung)
Imam Sucipto (UIN Sunan Gunung Djati Bandung)



Article Info

Publish Date
04 Jul 2023

Abstract

In Indonesia itself there is legal pluralism in the inheritance law section. Among them there is inheritance law based on Islamic inheritance law, inheritance law based on civil inheritance law. Grant or will is one way or effort in terms of transfer of property according to Islamic Law. A grant is a gift of property that occurs during the grantor's lifetime, while a will is a gift of property that occurs after the testator's death. Both of these instruments are encouraged in Islam, where if they are done correctly and in accordance with the requirements of the conditions then it can avoid disputes and struggles over property. The writing of this journal is carried out using normative juridical and empirical juridical methods where normative juridical is carried out by basing on applicable laws and regulations while empirical juridical is based on the implementation of laws and regulations that apply to society. The results of this study state that the relationship between grants and inheritance according to the Compilation of Islamic Law and the Civil Code is due to the transformation of Customary Law into Islamic Law (Article 211) of the Compilation of Islamic Law. A grant from a parent to his child can count as an inheritance. In the Civil Code, the relationship between grant and inheritance has existed since the creation of the Civil Code and the Compilation of Islamic Law itself. This is in the interest of all Indonesians

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Journal Info

Abbrev

ZLPAI

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Zona Law And Public Administration Indonesia focus is to publish manuscripts of study results, and specific conceptual ideas in the field of Law and Public Administration. Submitted articles may cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Islamic Economic Law, ...