TINJAUAN YURIDIS PEMBAGIAN HARTA WARISAN KELUARGA BEDA AGAMA MENURUT PERSEPEKTIF HUKUM WARIS PERDATA DAN HUKUM WARIS ISLAM

Abstract

This study expects to figure out how the appropriation of legacy to interfaith is still up in the air as per the Common Code (KUH Perdata) and how the circulation of legacy to various not entirely settled by Islamic regulation, which for this situation centers around the Arrangement of Islamic Regulation. The exploration strategy utilized in this examination is juridical exploration. The Common Core (KUH Perdata) connected with the situation with legacy privileges of various religions, it is contained in Article 838 of the Common Code (KUH Perdata), which expresses that the people who don't merit being beneficiaries are the people who are at fault for killing or defaming the successor, have carried out wrongdoing with a sentence of five years in jail, have perpetrated savagery, and furthermore have stolen, messed with, or misrepresented a will. Since, as indicated by Article 832 of the Common Code (KUH Perdata), the individuals who are qualified to become beneficiaries are close family members, both legitimate and outside of a stable family structure, and the spouse or wife who has experienced the longest. So it very well may be reasoned that in the Common Code (Burgerlijk Wetboek), there is no acknowledgment of strict contrasts as an obstruction to acquiring; all in all, it is lawful for individuals of various religions to acquire.

Keywords: Interfaith Inheritance, Civil Inheritance Law, Islamic Inheritance Law.