INHERITANCE LAW

INHERITANCE LAW

The systematics of the compilation of inheritance law is narrower when compared to the

marriage law as described earlier. As is the case with the Marriage Law, what is regulated in the

general provisions is the definitions and it turns out that this does not describe the whole of the

meanings mentioned in this Book II. This provision applies in line with the law that applies to the

heir, namely Islam and therefore the issue of his inheritance must be resolved in accordance with

the provisions of Islamic laws. This, is a very principled thing, but in this compilation it is

mentioned at first glance in the formulation of heirs and heirs. The issue of religion is so essential

that there must be an affirmation that religious differences will eliminate inheritance rights, but

womb with the provision that if she is born alive, she will get the right, while if she is stillborn, the

part is handed over to other heirs. Article 173 regulates the obstruction of a person to become an

heir, which is basically only in the form of committing a crime against the heir. However, as stated

above, this provision does not state that one's apostasy is the main obstacle to becoming an heir.

This should be added to this article 173. Regarding who the heirs are, article 174 briefly mentions

them, namely heirs due to blood relations and heirs according to marital relations. Then it is

mentioned the priority of each heir if all heirs exist. Unfortunately, here it is not mentioned how

the inheritance of an heir who dies without leaving any heirs at all. This, indeed, is regulated in

article 191 but regarding the distribution of inheritance. Likewise, regarding the more casuistic

virtues where one heir can wear a wall (hijab) of another heir should also be contained in more

a share of their adoptive parents' property through other procedures. Here there is also no

provision regarding the time when the distribution of inheritance is carried out, considering the

many tendencies in our place of those who do not carry out the distribution of inheritance, there

are even those who are known as inheritance that is not divided but only enjoyed with all heirs. In

article 175 concerning the obligation of heirs, it is indeed regulated as one of the obligations to

divide the inheritance among the heirs, but when the implementation of the division is carried out

is not mentioned here.

Meanwhile, article 188 regulates the demand to divide the inheritance if there is a party

who does not want to divide it, but it is not determined when it must be divided. In the question

of the size of the inheritance, it can be noted that there are several important points that attract

to make peace in the distribution of the inheritance, after each realizes his share. This provision

will open up opportunities, after the parties involved determine their respective parts that they

should receive, then they determine by deliberation, for example, all property is divided equally

among the heirs. The determination of the part of each heir is in accordance with the provisions

of faraid which is generally determined on a case-by-case basis as can be seen in articles 177-

182

One general comment in this section is that most of its articles have many similarities

with what is regulated in Government Regulation No. 28 of 1977 concerning Waqf of Owned Land.

It's just that Government Regulation No. 28 of 1977 is limited to waqf of owned land while

compilation is waqf in general. Du application is indeed impossible to avoid at all, but the existing

aspects related to procedural issues and other administrative procedures. However, because

Government Regulation No. 28 of 1977 not only regulates procedural issues but also many

substantive legal matters, the Compilation should limit itself to technical matters and deepen

more of these substantive matters. This can be seen later when we discuss the material of the

third book of the Compilation of Islamic Law on waqf.

The general provision, namely article 215, contains descriptions from various meanings.

The four meanings, namely waqf, waqf, pledge and nadzir, are taking over from Article 1 of

Government Regulation No, 28 of 1977. Furthermore, it was added about the meaning of waqf

objects and the official who made the Waqf Pledge Deed. Article 215 paragraph (7) is the same

as article 9 paragraph (2) of Government Regulation No. 28 of 1977. Regarding the function of

Regarding the waqf procedures regulated in Article 223, it is similar to Article 9, but

because there is a kind of desire to impose the article, waqf in general with Article 9 which

specifically applies to land, a kind of confusion arises. Article 223 does not mention the

certificate as evidence as Article 9, but by mentioning in paragraph (4) letter b "if the object to be

waqf is in the form of an immovable object, it must be accompanied by a certificate from the

Village Head, which is strengthened by the local Sub-district Head explaining the ownership of

the immovable object", in fact, if it is mentioned as Article 9, the certificate of property rights or

other evidence is not as complicated as mentioned above and will not be Creating an impression

for land that has been certified is still needed evidence as mentioned above. It can be added that

the provision similar to what is mentioned above in article 9 is as information that the land in

municipality which at that time was indeed in charge of the Sub-Directorate of Agrarian which for

the present must be read by the Regency/Municipal Defense Office. This provision is indeed

suitable for land. Article 224 of the Compilation which regulates the Registration of Waqf Objects

which of course includes land/fixed objects and not land or movable objects, stipulates that after

the Waqf Pledge Deed is carried out in accordance with the provisions in Article 223 paragraphs

(3) and (4), then the Head of the Sub-district Religious Affairs Office on behalf of the Nadzir

with the provisions mentioned above, the registration must be with BPN, so it is still necessary to

question whether it still has to be registered again in accordance with the provisions of article

223 of the Compilation. If this is only aimed at moving objects as well

approval of the Head of the Religious Affairs Office on the advice of the District and Local Sub-

district Ulema Council. drastic from Government Regulation No. 28 of 1977. Furthermore,

regarding the issue of resolving disputes over waqf objects regulated in Article 226, it has

similarities with Article 12 of the PP, but in redaction which can invite a much different

interpretation. Article 12 of Government Regulation No. 28 of 1977 formulates the settlement of

disputes as long as the issue of land waqf is channeled through the local Religious Court, in

accordance with the provisions of the applicable laws and regulations. Meanwhile, article 226

reads that the settlement of disputes as long as the issue of waqf and nadzir objects is submitted

to the Religious Court in accordance with the provisions of the applicable laws and regulations.

So the Religious Court only examines the issue of waqf objects which in the sense of

General Court. Article 227 concerning supervision has similarities with article 13 of Government

Regulation No. 20 of 1977. Supervision according to Article 13 is only generally determined that

the supervision of waqf of owned land and its procedures at various regional levels is further

Faith and Piety Faith and piety are two words that are closely related to the practice of

human actions, but they are different in their form. Faith can be in the form of behavior, and it can

also be in the form of deeds. Meanwhile, piety is manifested in obedience and obedience to

billisaani, wa'amalun bil arkaan) (Al-Hadith). This understanding shows that faith is the unity or

harmony between the heart, speech and deeds. The practice of this deed will later become a

symbol of piety in a person. The key to piety is only two things, namely carrying out the commands

of Allah SWT correctly, and keeping away His prohibitions. The foundation is a steadfast and

perfect faith. Therefore, to achieve piety forever rests on the foundation of that steady and perfect

faith. The perfection of faith and its essence as it has been arranged well in religious life and then

God

conveyed by Gabriel to the previous Apostles. The Torah and the Gospel, for example, can be

proven to have changed, added and subtracted in content by human hands who are leaders or

religious leaders concerned. One of the proofs is the opinion of Charles J. Adams, Professor and

Director of The Institute of Islamic Studies McGill University, Montreal Canada (1970) who stated

that: "Since the beginning of the twentieth century, scientists have carefully examined the

religious scriptures that the believers of the religion believe contain divine revelation", but after

about seventy years of scholars researching the holy books, They came to a conclusion that it

turned out that the original holy book contained the revelation conveyed by Gabriel only the

Quran. Others are no longer original because there are additional additions adjusted to the

example the Gospel for the Children of Israel. But the books were no longer binding on their

people when the Qur'an was revealed, because the descent of the Qur'an had abolished or

revised the laws

The law of order and the law of impermanence are the basic laws or sunnatullah that

apply to every creation of Allah without exception. In the Qur'an, these two laws are found in

several verses that explain the beginning and end of man, the earth and the universe. Scholars of

physics, biology and other sciences have revealed a little truth about the nature of the two laws

in their scientific discoveries. All living things experience death. Humans die at various ages.

Animals and plants are gradually experiencing extinction. Minerals such as petroleum, natural

gas, and other minerals are always exploited and utilized by humans so that they experience

will be destroyed except for the creator (Khalik) of the eternal Almighty Substance. The Word of

Allah in the Quran

of Human Science is a very interesting creature, because from ancient times until now it has been

the object of research study by scientists. Almost all educational institutions in the world study

humans, their works and their impact on nature and themselves. Experts have studied human

beings according to their field of study, but until now experts have not reached a consensus on

the nature of human beings themselves. This is evident in the many names of humans (for

example: homo sapiens: intelligent animals, homo economiccus: economic animals and so on.

The Qur'an does not classify man as an animal as long as he uses his intellect. But if he does not

Islam and Its Scope The religion of Islam that was revealed to the Prophet Muhammad

(peace be upon him) is the last and perfect religion that Allah SWT revealed to regulate human

life. The perfection of this religion as a teaching of Islam because it covers all aspects of life, both

as servants of Allah, individuals, members of society, and as creatures on earth. Broadly

speaking, the scope of Islam concerns the following three aspects: - - - The aspect of Faith called

aqidah, which is full faith in Allah as the creator and all creatures that exist as the result of His

creation and all His words. The aspect of norms or laws called sharia, namely the rules of Allah

that govern the relationship between humans and Allah, fellow humans, and humans with the

universe. The aspect of behavior called morality, which is the attitude or behavior that appears

from the implementation of aqidah and sharia. The three aspects above their scope will be