September 10, 2025Leges Privatae.

Legal Position of Substitute Heirs in the Distribution of Inheritance: A Comparative Study of the Civil Code and the Compilation of Islamic Law

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QAQadriani ArifuddinAl Asyariah Mandar University

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Implication

This comparative analysis examines substitute heirs' legal status in inheritance distribution, highlighting differences between the Civil Code and Islamic Law.

Key Points

The study shows that the Civil Code offers broader recognition of substitute heirs in inheritance distribution, contrasting with the limitations of Islamic Law.
Key differences include the Civil Code's principle of equality in distribution versus the KHI's reliance on the faraidh principle that differentiates gender shares.
A normative juridical approach highlights the legal philosophies influencing inheritance laws in both systems, emphasizing the need for procedural harmonization.
The research indicates that while substitute heirs are recognized in both legal frameworks, significant differences in their rights and distributions remain.

Cite This Study

Qadriani Arifuddin (2025) studied this question.

synapsesocial.com/papers/68c23d3ab210217d6478cee9 https://doi.org/10.62872/6t3ykm68

View Full Paper

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Implication

This comparative analysis examines substitute heirs' legal status in inheritance distribution, highlighting differences between the Civil Code and Islamic Law.

Legal Position of Substitute Heirs in the Distribution of Inheritance: A Comparative Study of the Civil Code and the Compilation of Islamic Law

Discussion

Member takes

Implication

Key Points

Cite This Study

Legal Position of Substitute Heirs in the Distribution of Inheritance: A Comparative Study of the Civil Code and the Compilation of Islamic Law

Discussion

Member takes

Implication

Key Points

Cite This Study

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Also Consider