ANALISIS HAK WARIS ANAK SEBAGAI AHLI WARIS YANG TELAH MURTAD DALAM PENETAPAN PENGADILAN AGAMA SURABAYA NO. 554/PDT.P/2023/PA.SBY

Maharani, Kurnia Widya Bunga Putri (2027) ANALISIS HAK WARIS ANAK SEBAGAI AHLI WARIS YANG TELAH MURTAD DALAM PENETAPAN PENGADILAN AGAMA SURABAYA NO. 554/PDT.P/2023/PA.SBY. Undergraduate thesis, Universitas Pembangunan Nasional "Veteran" Jawa Timur.

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Abstract

Inheritance in Islamic law regulates the transfer of property and responsibilities from the deceased to their legal heirs. One of the main requirements for heirs according to Article 171 of the Compilation of Islamic Law (KHI) is that they must be Muslim. Therefore, a child who renounces Islam automatically loses their inheritance rights. This is in accordance with the hadith of the Prophet, which states that Muslims cannot inherit from non-Muslims, and vice versa. However, practice in Indonesia does not always align with this rule. In the Surabaya Religious Court Decision No. 554/Pdt.P/2023/PA.Sby, the judge actually awarded a share to an apostate child through the mechanism of wasiat wajibah (mandatory bequest). This ruling has sparked debate, because on the one hand it is considered to provide social justice for the family, but on the other hand it conflicts with Islamic law. In fact, this decision has the potential to become jurisprudence that can be used as a reference in similar cases in the future. This situation raises fundamental questions about the consistency of the application of Islamic inheritance law in Indonesia, as well as how judges balance the aspects of sharia with a sense of social justice. Therefore, this research is important to examine the legal position of apostate heirs and the judges' considerations in making such decisions, so that inheritance law can be applied fairly, consistently, and beneficially. Keywords: Inheritance Rights, Apostate Heirs, Religious Court

Item Type:

Thesis (Undergraduate)

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