KEDUDUKAN DAN HAK PEREMPUAN SEBAGAI AHLI WARIS DALAM HUKUM KEWARISAN

Muhammad Burhan, Burhan (2018) KEDUDUKAN DAN HAK PEREMPUAN SEBAGAI AHLI WARIS DALAM HUKUM KEWARISAN. Doctoral thesis, UIN Raden Fatah palembang.

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Abstract

In the three legal systems of inheritance, the position of women as well as their rights as heirs there are quite striking differences. The heir of a woman in the Civil Code of the West, is not distinguished from the male heirs, in terms of his position or the amount of his portion. This happens because the law of Inheritance of Western Civil is only known classification of heirs based on blood relations. One side of the legal weakness of the Western Civil Inheritance is the placement of the biological mother as second heirs so that if the heir leaves husband, wife and / or child, the mother does not get any inheritance at all. This is contrary to the culture of society who holds that the birth mother is the closest person. In Islamic law of inheritance, there is no distinction between the position of women and men as heirs. This paper further examines the position and rights of women as heirs in the perspective of inheritance law in Indonesia

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