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THE POSITION OF CHILDLESS WIDOWS AS HEIRS TO HUSBAND'S INHERITANCE (COMPARATIVE ANALYSIS OF COMPILATION OF ISLAMIC LAW AND CIVIL INHERITANCE LAW)

MUHAMMAD, Sitihajar and SUWARTI, Suwarti and ABDULLAH, Baharuddin Hi. M.A. (2023) THE POSITION OF CHILDLESS WIDOWS AS HEIRS TO HUSBAND'S INHERITANCE (COMPARATIVE ANALYSIS OF COMPILATION OF ISLAMIC LAW AND CIVIL INHERITANCE LAW). Social Science,, 4 (2): e-issn. pp. 395-409. ISSN 2720-9938

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JOURNAL OF SOCIAL SCIENCE THE POSITION OF CHILDLESS WIDOWS AS HEIRS TO HUSBAND'S INHERITANCE (COMPARATIVE ANALYSIS OF COMPILATION OF ISLAMIC LAW AND CIVIL INHERITANCE LAW).pdf - Published Version
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KORESPONDEN THE POSITION OF CHILDLESS WIDOWS AS HEIRS TO HUSBAND'S INHERITANCE (COMPARATIVE ANALYSIS OF COMPILATION OF ISLAMIC LAW AND CIVIL INHERITANCE LAW).pdf - Submitted Version
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Abstract

his study aims to analyze the share of inheritance for childless widows according to Islamic law and civil law and to analyze the position of childless widows as heirs to the husband's inheritance according to Islamic law and civil law. The research method used in this study is that the type of research used in this research is normative legal research as a process to find legal rules, legal principles, and legal doctrines to answer the legal issues at hand. The results of this study indicate that the position of widows without children as heirs to the husband's inherited assets according to Islamic law and civil law. According to the Civil Code, the position of a widow as an expert is included in the group of ab-intestato heirs. As ab-intestato heirs, the widow belongs to Group I heirs. Based on the position of the widow as ab-intestato heirs of Group I, the widow inherits based on her own position. The widow's position appears as an heir based on primacy, thus closing other groups. Widows can inherit the entire inheritance by excluding parents, siblings, and so on, if there are no descendants who have the right to inherit. Meanwhile, the position of the widow as an expert according to Islamic inheritance law is due to the marital relationship between the heir and the widow. Meanwhile, in terms of her rights to inheritance, the widow is included in the heirs of Dzawil Furudl. The position of the widow as the heir of Dzawil Furudl is the heir of priority so that she is not hindered (hijab) by other heirs
Keywords:Position of Widow, Childless, Heir, Husband's Inheritance

Item Type: Article
Subjects: B Philosophy. Psychology. Religion > BV Practical Theology > BV1460 Religious Education
J Political Science > JX International law
K Law > K Law (General)
K Law > KZ Law of Nations
L Education > LB Theory and practice of education > LB1501 Primary Education
L Education > LB Theory and practice of education > LB1603 Secondary Education. High schools
L Education > LB Theory and practice of education > LB2300 Higher Education
L Education > LC Special aspects of education > LC5201 Education extension. Adult education. Continuing education
Divisions: Fakultas Syariah > Hukum Keluarga Islam (Ahwal Syakhshiyyah)
Depositing User: admin perpus
Date Deposited: 10 Jun 2023 16:39
Last Modified: 11 Jun 2023 14:00
URI: http://repository.iain-ternate.ac.id/id/eprint/292

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