Text

Analisis Distribusi Harta Waris Bagi Orang Tua Dalam Hukum Waris Islam (FARAIDH), KHI, Kuh perdata Dan Hukum Adat

---

"Goal : The distribution of inheritance for parents is a crucial issue linked to legal justice,
family economic protection, and social stability. This study provides a comparative
analysis of parents’ inheritance rights within four legal systems in Indonesia: Islamic
Inheritance Law (Farāidh), the Compilation of Islamic Law (KHI), the Civil Code
(KUHPerdata), and customary law. The primary focus is on Farāidh as the final normative
reference for Muslim families, while KHI, KUHPerdata, and customary law are critically
examined as points of comparison to assess the extent to which parents’ rights are
guaranteed.
Methode : This research employs a normative-juridical approach combined with a
omparative legal method, enriched by an Islamic economic analysis. Data were collected
through library research and in-depth interviews with five experts across different fields
(Islamic law, positive law, and Islamic economics) to validate the findings.
Fact/Finding : The findings reveal that Farāidh provides the most ideal protection for
parents through fixed and non-negotiable shares (ashābul furūdh), aligned with maqāṣid
al-sharī‘ah, the principle of birrul walidain, and the concept of ḥifẓ al-māl. In contrast, the
Compilation of Islamic Law (KHI) partially adopts Farāidh but, through Article 183, allows
compromises that may diminish parents’ rights. The Civil Code (Articles 854–856) and
several customary laws often place parents in a subordinated or even marginal position,
weakening elderly economic security. The novelty of this study lies in integrating
comparative legal analysis with an Islamic economic perspective, positioning Farāidh and
Pancasila as benchmarks for inheritance law harmonization and recognizing parents’ rights
as a pillar of intergenerational economic justice. Strategic recommendations include
regulatory harmonization, public literacy, certified inheritance mediators, digital asset
planning, and the establishment of a national inheritance management institution.
Ultimately, the study underscores that protecting parents’ inheritance rights is integral to
family economic justice"

---

Availability

Detail Information

Series Title

-

Call Number

REF 346.05 NUR a

Publisher

Bogor : Universitas Islam Tazkia., 2025

Collation

-

Language

Indonesia

ISBN/ISSN

NIM.2320405013

Classification

346.05

Content Type

-

Media Type

-

Carrier Type

-

Edition

-

Subject(s)

Islamic Economics
Customary Law
Inheritance Law
Faraidh
parents rights
civil law
distributive justice
legal pluralism

Specific Detail Info

-

Statement of Responsibility

Nurrahmaniah

Other version/related

File Attachment

Comments

---

You must be logged in to post a comment