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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta
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PUTUSAN PENGADILAN TENTANG WASIAT WAJIBAH ORANG MURTAD: ANALISIS TERHADAP PANDANGAN IMAM SYAFI’I DAN JASSER AUDA
Siti Nur Hanifatul Khusna - Personal Name
This study aims to review the inheritance provisions of apostates according to Ulama Syafi'iyyah, Jasser Auda, and Supreme Court Jursprudence, analyze the practice of determining the inheritance of apostates in religious courts in Indonesia and analyze it according to the views of Syafiiyah, Jasser Auda, and the Supreme Court.
This study uses a normative legal research type, with a case approach. The data sources in this study are 5 decisions from the first level court to the cassation level, al-Umm, al-Fiqhu al-Islamiy wa Adilatuhu and the book Understanding Maqasid Syari'ah by Jasser Auda, books, and related articles.
The results of the study show that Syafiiyah scholars make apostasy an absolute barrier to inheritance, while Jasser Auda, apostates have the right to receive inheritance rights by considering the side of justice and the welfare of all heirs. As for the Supreme Court Jurisprudence, apostates do not have the right to be heirs, but have the right to receive their share of inheritance through the mandatory will mechanism. The practice of determining the inheritance of apostates in the Indonesian Religious Court is carried out through a mandatory will by equating the position of apostates with adopted children and adoptive parents with the amount of their share in accordance with Article 209 of the KHI not exceeding 1/3. The practice that occurs in the court is not in line with the views of Syafi'iyyah scholars who absolutely prohibit apostates from receiving inheritance. However, in line with the views of Jasser Auda, who prioritizes the principles of maslahah and the fulfillment of citizen rights, as long as during the life of the Testator, the person concerned is obedient and obedient to the Testator. In terms of Supreme Court jurisprudence, the provision of inheritance for apostates through the mandatory will mechanism has fulfilled the sense of justice and reflects the principle of legal certainty.
This study uses a normative legal research type, with a case approach. The data sources in this study are 5 decisions from the first level court to the cassation level, al-Umm, al-Fiqhu al-Islamiy wa Adilatuhu and the book Understanding Maqasid Syari'ah by Jasser Auda, books, and related articles.
The results of the study show that Syafiiyah scholars make apostasy an absolute barrier to inheritance, while Jasser Auda, apostates have the right to receive inheritance rights by considering the side of justice and the welfare of all heirs. As for the Supreme Court Jurisprudence, apostates do not have the right to be heirs, but have the right to receive their share of inheritance through the mandatory will mechanism. The practice of determining the inheritance of apostates in the Indonesian Religious Court is carried out through a mandatory will by equating the position of apostates with adopted children and adoptive parents with the amount of their share in accordance with Article 209 of the KHI not exceeding 1/3. The practice that occurs in the court is not in line with the views of Syafi'iyyah scholars who absolutely prohibit apostates from receiving inheritance. However, in line with the views of Jasser Auda, who prioritizes the principles of maslahah and the fulfillment of citizen rights, as long as during the life of the Testator, the person concerned is obedient and obedient to the Testator. In terms of Supreme Court jurisprudence, the provision of inheritance for apostates through the mandatory will mechanism has fulfilled the sense of justice and reflects the principle of legal certainty.
Ketersediaan
| 106/HK/2025 | 106/HK/2025 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
-
No. Panggil
106/HK/2025
Penerbit
Fakultas Syariah dan Hukum : UIN Jakarta., 2025
Deskripsi Fisik
xvi,151hal; 28cm
Bahasa
Indonesia
ISBN/ISSN
-
Klasifikasi
106/HK/2025
Informasi Detil
Tipe Isi
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Tipe Media
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Tipe Pembawa
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Edisi
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Subyek
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Info Detil Spesifik
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