Khomisah Khomisah


Heir science is science which be suggested to be learned and teach to someone who do not know about law of heir. In Koran have been organized and detailed clearly about dividing of the heir, such in letter of An-Nisa article 7-12, article 33, article 176 and Koran letter of al-Anfal, article 75. While according to Court of justice code of heir is organized in book II. Heir may cause different and may emerge damaging of family relations, and with this heir someone can murder one other, this is happen because inadequately about heir and greedy of human to wealth. In Indonesia, there are many different race thus law of heir which be used sometime different in every tradition, therefore, this study just discuss in societies tradition of Hindu Bali. In law of heir, there are many discussion which need to be explained detail, therefore, this study just focus to comparison of parents position in law of heir in Islam, law of heir according to court of justice code (BW) and law of heir in societies tradition of Hindu Bali. There are some equality in law of Islam Heir, court of justice code (BW) and law of heir in societies tradition of Hindu Bali. The equality, The parent be able to heir expert of their children. And the first different is in Islam Law parent as first heir expert, in court of justice code, parent is second heir after there are not other group of heirs namely heir wife or children of heir who still life, while in societies tradition of Hindu Bali, parent constitute a forth heir after there are son, daughter and widow. And the second different are way to give heir to parent. In Islam law, the parent side have been organized in Koran letter An-Nisa article 11 namely: 1. Father accept heir as heir expert of dzawil furudl 1/6 part of heir wealth, if heir have son, and grandchild from his son. 2. Father accept her wealth as ashabah, if there are not child both son or daughter. 3. Father accept heir wealth as dzawil furudl and ?ashabah together if heir leave daughter, one or more and daughter from his son (male grandchild). 4. Mother gain 1/3 part if heir do not have child, grandchild from son. Beside that heir also do not have heir of brother or sister. 5. Mother gain 1/6 part of total heir wealth if heir have son or daughter, or one or more. 6. Mother gain 1/3 part of residual of heir wealth after it is taken by husband or wife before, if the heir are just husband or wife, father and mother. While according to court of justice Code, result of parent and brother in second group is similar with minimal part about ? part. While in societies tradition of Hindu Bali is not explained about parent part, to divide heir is carried out with family meeting.

Keyword : Hukum waris, Hukum Islam, KUHPerdata, Adat Hindu Bali

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Hukum waris;Hukum Islam;KUHPerdata;Adat Hindu Bali