Analysis Of Islamic Law On Determination Of Mandatory Worship Rights To Non -Muslim Heirs (Decision Study No. 0141/PDT.P/2012/PA. SBY)

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Analysis of Islamic Law Regarding the Determination of Mandatory Worship Rights to Non-Muslim Heirs: Study of Decision No. 0141/PDT.P/2012/PA. SBY

Introduction

In Islamic law, inheritance is a crucial aspect that determines the distribution of property left by someone who has passed away. The concept of inheritance in Islam is based on the principles of justice, equality, and fairness. However, the question arises when it comes to non-Muslim heirs and their rights to inherit property from Muslim families. This study aims to analyze the Islamic law regarding the determination of mandatory worship rights to non-Muslim heirs, with a focus on the Decision No. 0141/PDT.P/2012/PA. SBY.

Inheritance Law in Islam

Inheritance law in Islam is governed by the Quran and the Hadith, which provide guidelines on how property should be distributed among heirs. The Quran states that inheritance is a right of the heirs, and it is the duty of the Muslim to ensure that the property is distributed fairly and justly (QS. Al-Maidah verse 5). The Hadith also emphasizes the importance of justice and fairness in inheritance, stating that the property should be distributed among the heirs in accordance with the Quranic guidelines (HR. Muttafaq alaih).

Non-Muslims and Inheritance Rights

The scholars have agreed that non-Muslims cannot be the heirs of a Muslim, in accordance with the provisions of the Quran and the Hadith. This is because the Quran states that Muslims cannot inherit non-Muslims (QS. An-Nisa [4]: ​​11) and vice versa (HR. Muttafaq alaih). However, the question arises when it comes to non-Muslim families who are related to Muslim families through marriage or blood ties. In such cases, the Islamic law provides for the granting of compulsory will to non-Muslim families, based on analogy with the compulsory will of the child/adoptive father.

Obligatory and Justice Will

The will is a gift of someone to others, whether in the form of goods, receivables, or benefits, which will be owned by the recipient after the death giver. The compulsory will is a policy of the authorities that forces a person to give a will to other people in certain circumstances. The mandatory will is intended for heirs or relatives who do not obtain a part of the inheritance because there are Sharia obstacles. In the case of non-Muslim families, the mandatory will is granted based on analogy with the compulsory will of the child/adoptive father, on the basis of humanity and affection due to hereditary relations.

Analysis of PA SBY Decision No. 0140/PDT.P/2012/PA. SBY

Decision of the SBY Religious Court (PA) No. 0140/PDT.P/2012/PA. SBY regarding apostate children who are not entitled to inherit the property of their Muslim parents, but get mandatory will rights, becomes an important point in understanding the concept of justice in inheritance law. The decision highlights the importance of considering the aspects of humanity and legal analogy in cases involving non-Muslims.

CONCLUSIONS AND RECOMMENDATIONS

CONCLUSION

This study confirms that in the view of Islam, non-Muslim heirs are not entitled to inherit the assets of Muslim families and vice versa. This is in accordance with the provisions of the Quran and Hadith which states that Muslims cannot inherit non-Muslims (QS. An-Nisa [4]: ​​11) and vice versa (HR. Muttafaq alaih). The granting of compulsory will to non-Muslim families is based on analogy with compulsory will of the child/adoptive father, on the basis of humanity and affection due to hereditary relations.

RECOMMENDATIONS

  • Muslims are required to carry out the rules that apply according to the Quran and Hadith, so that dualism does not occur in religion.
  • Paying attention to aspects of humanity, should be given a will or gift to those who do not obtain inheritance, even though the value is not the same as the heir.
  • The Supreme Court is expected to maintain the values ​​of Islamic creed originating from the Quran and the hadith in deciding cases, so that the people remain in the signs of Islamic law.

Conclusion

This study provides a broader perspective on justice and inheritance rights in Islamic law, taking into account aspects of humanity and legal analogy in cases involving non-Muslims. The analysis of the Decision No. 0141/PDT.P/2012/PA. SBY highlights the importance of considering the aspects of humanity and legal analogy in cases involving non-Muslims. The recommendations provided in this study aim to promote a better understanding of the Islamic law regarding the determination of mandatory worship rights to non-Muslim heirs.

References

  • Quran (QS. Al-Maidah verse 5)
  • Hadith (HR. Muttafaq alaih)
  • Decision of the SBY Religious Court (PA) No. 0140/PDT.P/2012/PA. SBY

Limitations of the Study

This study has several limitations. Firstly, the study is based on a qualitative analysis of the Islamic law and the Decision No. 0141/PDT.P/2012/PA. SBY. Secondly, the study only focuses on the aspect of non-Muslim heirs and their rights to inherit property from Muslim families. Finally, the study does not provide a comprehensive analysis of the Islamic law regarding inheritance.

Future Research Directions

Future research directions include:

  • Conducting a comprehensive analysis of the Islamic law regarding inheritance.
  • Examining the impact of the Decision No. 0141/PDT.P/2012/PA. SBY on the practice of inheritance in Muslim communities.
  • Investigating the role of the Supreme Court in maintaining the values ​​of Islamic creed in deciding cases.

Conclusion

In conclusion, this study provides a broader perspective on justice and inheritance rights in Islamic law, taking into account aspects of humanity and legal analogy in cases involving non-Muslims. The analysis of the Decision No. 0141/PDT.P/2012/PA. SBY highlights the importance of considering the aspects of humanity and legal analogy in cases involving non-Muslims. The recommendations provided in this study aim to promote a better understanding of the Islamic law regarding the determination of mandatory worship rights to non-Muslim heirs.
Q&A: Analysis of Islamic Law Regarding the Determination of Mandatory Worship Rights to Non-Muslim Heirs

Introduction

In our previous article, we analyzed the Islamic law regarding the determination of mandatory worship rights to non-Muslim heirs, with a focus on the Decision No. 0141/PDT.P/2012/PA. SBY. In this article, we will provide a Q&A section to address some of the common questions and concerns related to this topic.

Q: What is the Islamic law regarding inheritance?

A: In Islamic law, inheritance is governed by the Quran and the Hadith, which provide guidelines on how property should be distributed among heirs. The Quran states that inheritance is a right of the heirs, and it is the duty of the Muslim to ensure that the property is distributed fairly and justly (QS. Al-Maidah verse 5).

Q: Can non-Muslims inherit property from Muslim families?

A: No, according to Islamic law, non-Muslims cannot inherit property from Muslim families. This is in accordance with the provisions of the Quran and the Hadith, which state that Muslims cannot inherit non-Muslims (QS. An-Nisa [4]: ​​11) and vice versa (HR. Muttafaq alaih).

Q: What is the difference between obligatory and justice will?

A: Obligatory will is a policy of the authorities that forces a person to give a will to other people in certain circumstances. Justice will, on the other hand, is a will that is given to heirs or relatives who do not obtain a part of the inheritance because there are Sharia obstacles.

Q: Can non-Muslim families receive a mandatory will from Muslim families?

A: Yes, according to Islamic law, non-Muslim families can receive a mandatory will from Muslim families, based on analogy with the compulsory will of the child/adoptive father. This is on the basis of humanity and affection due to hereditary relations.

Q: What is the significance of the Decision No. 0140/PDT.P/2012/PA. SBY?

A: The Decision No. 0140/PDT.P/2012/PA. SBY is an important point in understanding the concept of justice in inheritance law. It highlights the importance of considering the aspects of humanity and legal analogy in cases involving non-Muslims.

Q: What are the recommendations for Muslims regarding inheritance?

A: The recommendations for Muslims regarding inheritance are:

  • Muslims are required to carry out the rules that apply according to the Quran and Hadith, so that dualism does not occur in religion.
  • Paying attention to aspects of humanity, should be given a will or gift to those who do not obtain inheritance, even though the value is not the same as the heir.
  • The Supreme Court is expected to maintain the values ​​of Islamic creed originating from the Quran and the hadith in deciding cases, so that the people remain in the signs of Islamic law.

Q: What are the limitations of this study?

A: This study has several limitations. Firstly, the study is based on a qualitative analysis of the Islamic law and the Decision No. 0141/PDT.P/2012/PA. SBY. Secondly, the study only focuses on the aspect of non-Muslim heirs and their rights to inherit property from Muslim families. Finally, the study does not provide a comprehensive analysis of the Islamic law regarding inheritance.

Q: What are the future research directions?

A: Future research directions include:

  • Conducting a comprehensive analysis of the Islamic law regarding inheritance.
  • Examining the impact of the Decision No. 0141/PDT.P/2012/PA. SBY on the practice of inheritance in Muslim communities.
  • Investigating the role of the Supreme Court in maintaining the values ​​of Islamic creed in deciding cases.

Conclusion

In conclusion, this Q&A section provides a comprehensive overview of the Islamic law regarding the determination of mandatory worship rights to non-Muslim heirs. It addresses some of the common questions and concerns related to this topic and provides recommendations for Muslims regarding inheritance.