AKIBAT HUKUM ORANG HILANG (MAFQUD) TERHADAP HARTA BENDA DAN PENYELESAIAN KEWARISAN DALAM ISLAM

YUDHISTIRA, AGUNG WIDYA and Febrian, Febrian and Sagita, Anna (2021) AKIBAT HUKUM ORANG HILANG (MAFQUD) TERHADAP HARTA BENDA DAN PENYELESAIAN KEWARISAN DALAM ISLAM. Master thesis, Sriwijaya University.

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Abstract

Mafqud is a person whose news is cut off so that his life and death are not known. There are so many disasters experienced by humans, be they natural disasters or accidents that can claim lives, so that some of these victims can be identified as dead and some are unknown or missing. With this condition, there is confusion in determining the legal status, inheritance rights and who can inherit the assets of the missing person. Therefore, the main problem in this research is how to determine the legal status of missing persons (mafqud), what are the legal consequences of the occurrence of missing persons on property for both heirs and heirs (mafqud), and the role of notaries in distributing the assets of missing persons (mafqud). This research is a normative research which is descriptive and explanative in nature with a statutory approach, cases, and uses secondary data sources obtained from primary legal materials, secondary legal materials and tertiary legal materials. The research data collection was carried out by literature study. Based on the results of the discussion of the subject matter, the following conclusions can be drawn: in determining the status of Islamic law against missing persons (mafqud), according to the scholars it is known that there is a time limit in determining that a mafqud has died, which is 5 years with the determination of a judge in court. Religion that the mafqud is considered dead by looking at the prevailing laws and regulations, both those originating from the KHI and the opinions of priests from various schools of thought. Regarding the assets of the mafqud, it is postponed or detained until the time limit is in accordance with the regulations and there is a decision from the court by the judge. As well as in the role of a notary in this inheritance by making a Certificate of Inheritance Rights (SKHM) in accordance with their authority in the Law on the Position of Notary.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Waris, Hukum Islam, Mafqud, Orang Hilang, Notaris
Subjects:	K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KBP1-4860 Islamic law. Sharī#ah. Fiqh K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KBP144 General works > KBP144.I857 Islamic law K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KBP173.25-.6 Islamic law and other disciplines or subjects
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 13112 not found.
Date Deposited:	27 Jul 2021 06:19
Last Modified:	27 Jul 2021 06:19
URI:	http://repository.unsri.ac.id/id/eprint/49971

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