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WASIAT WAJIBAH BAGI AHLI WARIS NON MUSLIM (TINJAUAN YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR : 51.K/AG/1999).


By admin - Posted on 23 Januari 2013

JudulWASIAT WAJIBAH BAGI AHLI WARIS NON MUSLIM (TINJAUAN YURIDIS PUTUSAN MAHKAMAH AGUNG NOMOR : 51.K/AG/1999).
Publication TypeThesis
Year of Publication2012
AuthorsIHAS FAKIHTARAKHMAN
AdvisorMukhsinun, S.H. MH, Haedah Faradz SH
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Human being is a creature that the most perfect among the other creatures of Allah SWT, because of that human being has the diversity of need and doing the interacton in relationship with the other human being whether between the Moslem and non Moslem. One of this relationship is related to the legacy that is explained in the decision of Supreme Court Number 51.K/AG/1999 that gives the testament of wajibah to the non Moslem heirs hat lost their legacy because the different of their religion.
Testament of wajibah that has been given by supreme court number 51.K/AG/1999 is to full sibling of non Moslem, in fact in the Islam Law Compilation it is analogized to the adopted child and parent of adopted child. And the different in religion still become the barrier to get the legacy each other. As explained by Bukhori and Muslim that Rasulullah S.A.W said that “The people that has Islam religion did not have the right to get the legacy from the non Moslem wealth and conversely for the non Moslem its self did not get the legacy from the Moslem wealth”
The purpose of this research is to find out the law consideration that is used by the judge of Supreme Court to the legacy for the wealth to the heirs of non Moslem in the decision number 51.K/AG/1999.
This research uses the method of normative juridical approach by using analysis descriptive research, data source uses the secondary data as decision of Supreme Court Number 51.K/AG/1999, Ordinance and book literatures that connected with the research problem. Data that has been obtained them presented systematically, and data analysis is conducted qualitatively.
From the research result it can be found out that Supreme Court gives the part of the legacy to the heirs of non Moslem, through the testament of wajibah. This decision is contradiction wit h the prophet’s Hadist of Muhammad S.A.W that was explained by Bukhory and Muslim “The people that has Islam religion did not have the right to get the legacy from the non Moslem wealth and conversely for the non Moslem its self did not get the legacy from the Moslem wealth”
The decision of Supreme Court Number 51.K/AG/1999 also does not being appropriate with the article 171 letters C in Islam Law Compilation, and the judge consideration of Supreme Court that put their self as heirs of non Moslem as adopted child by giving the decision based on the testament of wajibah is not being appropriate, because it does not being appropriate with the Article 209 (1), and (2) in Islam Law Compilation.