Distribution of Inheritance Based on The Principle of Justice According to National Law

Fransiska Novita Eleanora, A. Sari
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引用次数: 1

Abstract

Inheritance is an object that has been given by an heir in the form of a moving or immovable object. Distribution of inheritance often causes inheritance disputes between parties who receive an inheritance. The assets and inheritance that are disputed sometimes give harm to parties outside the heirs. The system and rules governing inheritance are very necessary for a country known for its diverse customs, one of which is Indonesia. This study aims to investigate the principle of justice in distributing inheritance based on the compilation of Islamic law (KHI). The method used in this study is library research using various literature and legislation. The results of the study show that the distribution of inheritance among the parties has not referred to the national legal system but is still based on a legal system agreed upon by the parties. They have the right and can use and choose which law to use for their inheritance. Existing laws will always provide and accommodate various forms of taste and justice created in the lives of the general public and in that case, are the same age as an inheritance under various systems and laws and that are truly trusted by the heirs.
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基于国内法公正原则的遗产分配
继承是继承人以移动或不可移动物体的形式给予的物体。遗产的分配往往会引起继承人之间的继承纠纷。有争议的资产和遗产有时会对继承人之外的各方造成损害。管理遗产的制度和规则对于一个以其多样习俗而闻名的国家来说是非常必要的,印度尼西亚就是其中之一。本研究旨在探讨在伊斯兰法编纂的基础上分配遗产的公正原则。本研究采用的方法是利用各种文献和立法进行图书馆研究。研究结果表明,各当事方之间的遗产分配没有参照国家法律制度,而是仍然以各当事各方商定的法律制度为基础。他们有权利,可以使用和选择使用哪种法律进行继承。现有法律将始终提供和容纳公众生活中创造的各种形式的品味和正义,在这种情况下,根据各种制度和法律,这些法律与遗产年龄相同,并且真正受到继承人的信任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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16 weeks
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