PERBANDINGAN PEMBAGIAN WARISAN UNTUK JANDA MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA DAN KOMPILASI HUKUM ISLAM
ABSTRACT: Widow as heir there
are many similarities and differences in system of Islamic law with Western
legal system where people are less aware of thesimilarities and differences.
Inheritance law provisions regarding inheritance for widows there are very
significant differences between the provisions of the Civil Code and the laws
of Islam. Based on the explanation and the above background, the authors are
interested in the discussion raised in a scientific study entitled " THE
COMPARISON OF LEGACY SHARING FOR THE WIDOW ACCORDING TO CIVIL LAW AND
COMPILATION ISLAMIC LAW" Basically, this research aims to achieve a proper
understanding of the problems formulated. More specifically, the purpose of the
study can be describedas follows: First, to determine the position of widows as
heirs in inheritanceaccording to the Civil Code and Islamic Legacy Law. Second,
to determine the distribution of inheritance to widows based on the Civil Code
and Islamic Legacy Law. Third, to determine similarities and differences in the
law about the division of inheritance for widows according to the Civil Code
and Islamic Legacy Law.. The conclusion is First, Equation Position Widow as
heir based based onthe Civil Code and is based on Islamic Legacy Law is the
class of the priority to be heir, so it is not obstructed heir heirs other than
by virtue. Second, thedifference, in the Civil Code Widows who do not have
children or descendantsheir entitled to the entire inheritance. While in
Islamic Inheritance Law Widowheir with his parents and brothers heir. The
amount of the legacy of the Civil Code for Widow equated with the legitimate
child of the head-by-head. While themagnitude of the inheritance to the widow
in Islamic inheritance according Islamic Legacy Law sourced from Al Quran has
been determined, the 1/4 or 1/8.
Penulis: Riki Budi Aji
Kode Jurnal: jphukumdd151669
