Comparison Of Inheritance Distributtion System In Islamic Law And Civil Law In Indonesia

Inheritance is a very important process because inheritance will be experienced by everyone. Inheritance issues concern property which, if not given in accordance with certain provisions, can cause disputes between heirs. This research aims to determine the comparison of the Islamic and Civil Inheritance Law Systems in Indonesia.
This type of research is Normative Juridical using a Qualitative approach to secondary data and primary data. Data that has been collected through library research and related supporting data will be analyzed to achieve clarity on the issues discussed and the results will be presented descriptively. Based on the research results, it shows that the heir system according to the Civil Code is regulated based on the order of heir groups and heirs in higher groups will cover the rights of heirs in lower groups. Emphasizes division based on hierarchical family relationships and protects the share of legal heirs. It aims to ensure justice and protect the rights of the nuclear family. Meanwhile, according to Islamic law, it is based on the Al-Qur'an, Hadith, and ijma' ulama and Islamic law emphasizes proportional justice with the distribution of inheritance portions that have been determined in the Al-Qur'an. The aim is to realize justice and balance with rules that have been determined in detail. This law guarantees the rights of each heir according to their position and limits the reduction of inheritance rights through gifts or wills.
The principle of BW Law/Civil Code is that heirs who have the right to inherit are determined by grouping groups that indicate a priority scale. Heirs have the opportunity to have 1). Receive in full. 2). Refuse, confirmed by a decision in the District Court. 3). Accept with conditions.
Replacement of heirs 1). The amount of inheritance rights for men and determination is the same. 2). Provides inheritance rights for illegitimate children who have been recognized as legitimate in their father's inheritance.
Islamic law/KHI principles 1). There is no classification of heirs. 2). There is no chance of rejecting inheritance. 3). There is a change in the position of heir. 4). Men inherit 2 parts while women have 1 part. 5). Illegitimate children only inherit from their mother

words: Comparison, inheritance law system