Lembar Peer Review Patah Titi

Khairuddin Hasballah, 2014097301 and Ridwan Nurdin, 2003076502 and Muslim Zainuddin, 2023106601 and Mutiara Fahmi, 2009077304 Lembar Peer Review Patah Titi. Faculty of Sharia & Law UIN Syarif Hidayatullah Jakarta in collaboration with the Association of Indonesian Sharia Scientists and Scholars (HISSI), Jakarta Indonesia.

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This research analyzes the issue of the practice of inheritance of patah titi and substitute heirs in Acehnese society according to the Compilation of Islamic Law (KHI), Islamic jurisprudence (fiqh) and local custom (adat). This empirical legal research uses a legal pluralism approach. Legal pluralism is a theory that analyzes the diversity of laws applicable and applied in the lives of society and the state. Data collection techniques include in-depth interviews and literature review. The findings reveal that the people of Aceh practice a religious legal system, which consists of the KHI, fiqh, and adat in the distribution of inheritance. In the customary law, the practice known as “patah titi” concerns the case of inheritance in which an heir predeceases the testator, thus preventing the heirs’ living descendants from receiving inheritance rights. The customary practice in regards to patah titi bears a similarity to fiqh, in which it does not recognize a substitute heir, as fiqh only recognizes the replacement of the heir’s position. According to ulamas and traditional leaders, the practice of patah titi causes a divergent of opinions in which some agree whereas others do not. Those who disagree are more likely to use the term “will”, meaning that even though grandchildren do not inherit, sometimes they get property by way of a will. Furthermore, substitute heirs as confirmed in the KHI, although unavailable in fiqh and adat literature, are still recognized as they are in accordance with maqāṣid sharīah (the objectives of Islamic law), i.e. for justice and benefit purposes. To conclude, such a practice is a consequence of legal pluralism, which prioritizes harmonization and integration between the three legal systems.

Item Type: Other
Subjects: 200 Religion (Agama)
200 Religion (Agama) > 204 Pengalaman, Hidup, Praktik keagamaan
Divisions: Fakultas Syariah dan Hukum > S1 Tata Negara
Depositing User: Mutiara Fahmi Razali
Date Deposited: 17 Oct 2022 03:33
Last Modified: 17 Oct 2022 03:33
URI: https://repository.ar-raniry.ac.id/id/eprint/23635

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