Indonesian Islamic Inheritance Law Reform: Case Study on Heirs Substitutes in Malay Societies

Pagar, Fatimah Zuhrah, Saidurrahman, Chuzaimah, Akmal Syahputra

2018

Abstract

It is found in many cases that children whose fathers died before the grandfathers live in poverty, while the fathers’ brtothers live in sufficiency. Although, among many cases there is some dispensation in which grandfathers make his will to their orphaned grandchildren, they often die before doing so. Islamic inheritance law in Indonesia stated in KHI (the Compilation of Islamic Law) has introduced the new model of heirs substitute institution in handling cases of children whose fathers die before the gradfathers, as stated in article 185. This study is to investigate and analyzes the implementation of heir’s substitution of the Malay community in Langkat. The formulation of the problems in this study is: (1) How was socity perspective about heirs substitute as inheritance law reform in Indonesia? (2) How it was implemented in the society? This study uses qualitative method, particularly phenomenological approache; this study found that the absence of the implementation of heirs of the Malay society is related and influented by Islamic and customary law as rules in Malay society.

Paper Citation

in Harvard Style

Zuhrah F., Pagar., Saidurrahman., Chuzaimah. and Syahputra A. (2018). Indonesian Islamic Inheritance Law Reform: Case Study on Heirs Substitutes in Malay Societies.In Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR, ISBN 978-989-758-437-4, pages 362-366. DOI: 10.5220/0008885203620366

in Bibtex Style

@conference{icmr18,
author={Fatimah Zuhrah and Pagar and Saidurrahman and Chuzaimah and Akmal Syahputra},
title={Indonesian Islamic Inheritance Law Reform: Case Study on Heirs Substitutes in Malay Societies},
booktitle={Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,},
year={2018},
pages={362-366},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0008885203620366},
isbn={978-989-758-437-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 7th International Conference on Multidisciplinary Research - Volume 1: ICMR,
TI - Indonesian Islamic Inheritance Law Reform: Case Study on Heirs Substitutes in Malay Societies
SN - 978-989-758-437-4
AU - Zuhrah F.
AU - Pagar.
AU - Saidurrahman.
AU - Chuzaimah.
AU - Syahputra A.
PY - 2018
SP - 362
EP - 366
DO - 10.5220/0008885203620366