Islamic Inheritance Law For Economic Social Justice in Indonesia

D Sukarti, I Rais - 1st International Conference of Law and …, 2017 - atlantis-press.com
1st International Conference of Law and Justice-Good Governance and …, 2017atlantis-press.com
Islamic inheritance Law offers an economic social justice for Moslems within a nuclear
family, through both consanguineous neal and affinal relationships. Based on a qualitative
research on women's inheritance, this article explores the concept of social economic justice
in Islamic inheritance law. This article found that Islamic inheritance law offers better
economic social justice compared to patrilineal or matrilineal customary laws that prioritize
certain heirs. In addition, the Compilation of Islamic Law (Kompilasi Hukum Islam) gives …
Abstract
Islamic inheritance Law offers an economic social justice for Moslems within a nuclear family, through both consanguineous neal and affinal relationships. Based on a qualitative research on women's inheritance, this article explores the concept of social economic justice in Islamic inheritance law. This article found that Islamic inheritance law offers better economic social justice compared to patrilineal or matrilineal customary laws that prioritize certain heirs. In addition, the Compilation of Islamic Law (Kompilasi Hukum Islam) gives conjugal property rights to both husband and wife enabling husband and wife share equal portion of property. However, the rest of the rules of the Kompilasi adopt fiqh in which shares of women and men are different.
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