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Analisis Komparatif Pengelolaan Harta Waris Kalalah Perspektif Hukum Islam Dan Hukum Perdata
Objectives: To compare the management of kalalah inheritance between Islamic law and civil law in Indonesia. Methods: Qualitative, Normative-Descriptive. Results/findings: The results of the comparative analysis show that Islamic Law and Indonesian Civil Law both provide legal protection for kalalah property as part of property rights that cannot be taken arbitrarily. In Islamic Law, the management of the property is based on sharia principles that place the estate without heirs into the management of Baitul Mal for the benefit of the people, after fulfilling all the obligations of the heir. Meanwhile, in Indonesian Civil Law, the management mechanism is regulated in detail through the Civil Code, regulations on the Balai Harta Peninggalan (BHP), and judicial procedures, which stipulate that the state through the BHP is authorized to secure, manage, and transfer abandoned assets (onbeheerde nalatenschap) into state property if there is no
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