Perpaduan Hukum Waris BW Dengan Hukum Waris Islam

Abstract

Inheritance law is a law governing what with the assets of someone who has died, in other words regulating the transfer of assets left by someone who has died along with the consequences for the heirs.

In principle, only rights and obligations in the field of wealth law can be inherited, while for other legal rights such as work agreements, employment relationships, company membership and power of attorney cannot be inherited. The rights and obligations in the field of law that can be inherited, namely the right of the husband to deny the validity of children. In this paper we try to explore further the Islamic inheritance legal system and Western inheritance law by using a comparative method.

The purpose of this study is simply to find out the pattern of similarities and differences of the 2 forms of existing legal regulations, in essence both Islamic inheritance law and western inheritance law have advantages and disadvantages so that this research is expected to be used as a means of education for the public especially those with no knowledge inheritance legal issues. Considering that the majority of Indonesian people are Muslim, in the settlement of inheritance cases there is a tendency to use Islamic inheritance law but it is possible that western civil law will also be used as an alternative settlement for inheritance cases.