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VOL. 9, ISSUE 4 (2023)
Legitime portie rights in testamentary grants based on the civil code and compilation of Islamic law
Authors
Ridha Hayati, Sri Walny Rahayu, Yusri
Abstract
Legitime portie
is a certain part of the inheritance that cannot be written off by an heir.
This is also regulated in Islamic Law which is called ashab alfurudh or dzawil
furudh. However, it was found that there was a testamentary grant giving
which gave rise to a dispute, where the heirs disagreed with the will grant,
the provisions in the will grant deed were considered to take away legitimacy
rights. The purpose of this study is to explain how the right of legitime
portie and the legal protection if the grant of a will violates, takes or
reduces the rights of the legitime portie. This research is a normative
juridical research with a statutory approach, a case approach, and a
comparative approach. Data collection was carried out through document studies
and interviews with resource persons. The data obtained were analyzed
qualitatively using inductive analysis instruments. The results of the study
show that both in Islamic and western law do not justify (forbid) someone's
testament that harms the heirs who should receive an inheritance. In the Civil
Code, a violation of a testamentary grant against a legitime portie will result
in legal consequences depending on the legitimacy's stance, that is, if the
legitimacy can simply accept the fact without going to court or filing a
lawsuit to the court on the basis of its absolute share. Meanwhile, in Islamic
law there is a limit on the amount that can bequeath 1/3 (one third) of his
property. The maximum limit for granting 1/3 is a rule of Islamic law which is
intended to provide legal protection to the recipients of the inheritance from
the legal actions of the heir to the recipient of the grant.
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Pages:105-110
How to cite this article:
Ridha Hayati, Sri Walny Rahayu, Yusri "Legitime portie rights in testamentary grants based on the civil code and compilation of Islamic law". International Journal of Law, Vol 9, Issue 4, 2023, Pages 105-110
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