Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata
This study aims to answer the main problem, how the position of the father as the heir according to SyÄfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive...
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| Format: | Article |
| Language: | Arabic |
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Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang
2022-05-01
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| Series: | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
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| Online Access: | https://jurnal.unissula.ac.id/index.php/ua/article/view/19633 |
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| author | T. Wildan |
| author_facet | T. Wildan |
| author_sort | T. Wildan |
| collection | DOAJ |
| description | This study aims to answer the main problem, how the position of the father as the heir according to SyÄfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive method. The results show a difference in the father's position as the heir in SyÄfi’īyah jurisprudence and KUHPerdata. In SyÄfi’īyah jurisprudence, the father has a definite place as mentioned in Surat An-Nisa’:11, namely as żawil furūḠwhen together with the descendants of the heirs both men and women, as' ‘aá¹£abah if there are no children and as żawil furūḠand ‘aá¹£abah when together with a daughter. The father is in the same position as the heir's descendants without being hindered by any heir. While KUHPerdata father's position as the heir is classified in group II, the new father has the right if the heir of the first group no longer exists. The father does not become an heir and the descendants of the heir because the father is equated with a brother even though the father is in the first degree, which is the same as the descendants of the heirs. |
| format | Article |
| id | doaj-art-8d3f551e16df49ccb9a004115a7c1751 |
| institution | Kabale University |
| issn | 2597-6168 2597-6176 |
| language | Arabic |
| publishDate | 2022-05-01 |
| publisher | Jurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung Semarang |
| record_format | Article |
| series | Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam |
| spelling | doaj-art-8d3f551e16df49ccb9a004115a7c17512025-02-02T05:43:33ZaraJurusan Syariah Fakultas Agama Islam Universitas Islam Sultan Agung SemarangUlul Albab: Jurnal Studi dan Penelitian Hukum Islam2597-61682597-61762022-05-0152213810.30659/jua.v5i2.196336850Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdataT. Wildan0Institut Agama Islam Negeri LangsaThis study aims to answer the main problem, how the position of the father as the heir according to SyÄfi’īyah jurisprudence and KUHPerdata and why there is a difference in place between the two. This research is a library research study using a qualitative approach with a comparative descriptive method. The results show a difference in the father's position as the heir in SyÄfi’īyah jurisprudence and KUHPerdata. In SyÄfi’īyah jurisprudence, the father has a definite place as mentioned in Surat An-Nisa’:11, namely as żawil furūḠwhen together with the descendants of the heirs both men and women, as' ‘aá¹£abah if there are no children and as żawil furūḠand ‘aá¹£abah when together with a daughter. The father is in the same position as the heir's descendants without being hindered by any heir. While KUHPerdata father's position as the heir is classified in group II, the new father has the right if the heir of the first group no longer exists. The father does not become an heir and the descendants of the heir because the father is equated with a brother even though the father is in the first degree, which is the same as the descendants of the heirs.https://jurnal.unissula.ac.id/index.php/ua/article/view/19633father, inheritance, kuhperdata, syafi'iyah jurisprudence. |
| spellingShingle | T. Wildan Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam father, inheritance, kuhperdata, syafi'iyah jurisprudence. |
| title | Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata |
| title_full | Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata |
| title_fullStr | Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata |
| title_full_unstemmed | Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata |
| title_short | Islamic Law Thoughts: Father's Position as Heirther in Syāfi’īyah Jurisprudence and KUHPerdata |
| title_sort | islamic law thoughts father s position as heirther in syafi iyah jurisprudence and kuhperdata |
| topic | father, inheritance, kuhperdata, syafi'iyah jurisprudence. |
| url | https://jurnal.unissula.ac.id/index.php/ua/article/view/19633 |
| work_keys_str_mv | AT twildan islamiclawthoughtsfatherspositionasheirtherinsyafiiyahjurisprudenceandkuhperdata |