LEGISLASI HUKUM WARIS DALAM KITAB UNDANG-UNDANG HUKUM PERDATA (ANALISIS KOMPARATIF DENGAN HUKUM WARIS ISLAM

Abstract

The research on this article aims to elucidate the chapters related to inheritance written in the Second Book of Civil Code with description of comparative analyzing towards the inheritance in Islamic Laws.  Besides, this article aims to render the brief portray about legislation of the law in Indonesia as well as legislation of the law in Islamic Laws. The method of research applies the qualitative method with comparative study mode.  The data collection technique used is a literature study of Conventional Laws as well as Islamic Laws related to inheritance. The research concludes that the Law of Heritage in Indonesia has not given a tough legitimation quality to be obeyed and entirely applied. This case happens because there is no legislation of certain law to execute Decision of inheritance dispute. Another cause is that jurisprudence, developed thought (ijtihad) and interpretation of laws about inheritance constantly experience dynamic in accordance with developing ages in addition to existence of law pluralism of inheritance realm.