Status Hak Waris Perkawinan Beda Agama di Indonesia Perspektif Yuris Islam Klasik dan Kontemporer

Tohari, Ilham and Hazyimara, Karunia (2023) Status Hak Waris Perkawinan Beda Agama di Indonesia Perspektif Yuris Islam Klasik dan Kontemporer. PERADABAN JOURNAL OF LAW AND SOCIETY, 2 (1). pp. 78-91. ISSN ISSN 2830-1757

Text PJLS.2.1.6.pdf Download (363kB)

Abstract

Abstract This research aims to investigate the inheritance status of interfaith marriages in Indonesia’s multicultural basis according to classical and contemporary jurisprudence. The method used is library research with a descriptive-qualitative approach. The results of the research are that multicultural-based fiqh can be understood through the reinterpretation of religious texts using the maqashid sharia approach. Interfaith marriage as one of the effects of social interaction in a multicultural country still leads to a taboo understanding that interreligious marriage in Indonesia is not allowed, as classical and contemporary jurist opinion generally forbids it. Questioning the status of inheritance in interfaith marriages, the scholars of the four schools of thought, Ali as-Shabuni, Sayyid Sabiq, Muhammad asSyaukani, and Mustafa as-Salabi agreed that their inheritance rights were hindered, while according to the Imami school of thought, Ibn Taimiyah and Ibn Qayyim al-Jauzi and Yusuf Al- Qardhawi was not deterred by the pretext of helping each other. In Indonesia, the inheritance rights of interfaith marriages are discussed in the decision of the Supreme Court (MA) No. 368K/AG/1995 and the decision of the Supreme Court of the Republic of Indonesia Number 51K/AG/1999 which shows that in terms of not obtaining inheritance rights, they will receive a “wasiat wajibah”.

Item Type:	Article
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012801 Nikah (Marriage) 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012812 Mawaris (Inheritance)
Divisions:	Dosen IAIN Kediri
Depositing User:	Mahbub Junaidi
Date Deposited:	20 Jun 2023 07:57
Last Modified:	20 Jun 2023 07:57
URI:	http://repository.iainkediri.ac.id/id/eprint/986

Actions (login required)

View Item