Implementasi Nilai Pancasila Dalam Pembagian Waris Bagi Ahli Waris Non Muslim Didalam Hukum Islam
Year: 2024
Type: article
Abstract: Pancasila is a guideline for administering citizens and the state. Pancasila and the 1945 Constitution of the Republic of Indonesia clearly state that there is recognition of the beliefs and beliefs of every citizen. In this case, the state acknowledges that it must submit to and believe in the teachings of its respective religions and beliefs, but in Islamic inheritance law it does not recognize non-Muslim heirs so that these heirs cannot inherit the heir's property. Seeing this, if studied using Pancasila values, then The basic norms of Pancasila are the source of a decision and produce jurisprudence in the decision of non-Muslim heirs in obtaining inheritance shares from Muslim heirs. This writing uses a normative juridical research methodology with a case and statutory approach. The results of this research are an analysis of the values of Pancasila stated in the supreme court jurisprudence in deciding the distribution of inheritance for non-Muslim heirs in Islamic law.
Source: Syiah Kuala Law Journal
Institution: Universitas Jember
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409801009