Oral Testament in Distribute Inheritance of Islamic Law Compilation

DOI

10.2991/assehr.k.220102.082How to use a DOI?

Keywords

Oral Testament; Inheritance; Islamic Law Compilation (KHI)

Abstract

Oral testament is an example of a nonintellectual type of transfer of rights that frequently causes problems in the community. Factors that frequently develop as a result of heirs’ unhappiness with the inheritance distribution. Oral testaments are governed by numerous rules, one of which being the Compilation of Islamic Law (KHI), which is based on Presidential Instruction Number 1 of 1991. This is a normative work that uses descriptive research methods. The following are the findings: first, according to KHI, the legal status of the oral testament in the distribution of inheritance has legal certainty in the national testament’s laws. Second, the use of oral testaments in inheritance distribution under the KHI must meet the requirements outlined in Articles 194 and 195 of the KHI. Third, according to KHI, the legal consequences of oral testaments in the distribution of inheritance can be valid if the conditions are met and otherwise invalid if the conditions are not met, with other consequences such as testament cancellation, revocation, and prohibition of things that are prohibited in the implementation of the technique occur.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Nunung Rodliyah
AU  - Ade Oktariatas Ky
AU  - Hanifah Nuraini
PY  - 2022
DA  - 2022/01/06
TI  - Oral Testament in Distribute Inheritance of Islamic Law Compilation
BT  - Proceedings of the Universitas Lampung International Conference on Social Sciences (ULICoSS 2021)
PB  - Atlantis Press
SP  - 593
EP  - 595
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220102.082
DO  - 10.2991/assehr.k.220102.082
ID  - Rodliyah2022
ER  -