TINJAUAN HUKUM KEWARISAN ISLAM TERHADAP SENGKETA ATAS PENGUASAAN TANAH WARISAN MELALUI SERTIFIKAT PERSPEKTIF MASLAHAH MURSALAH (STUDI TERHADAP PUTUSAN HAKIM NOMOR 170/PDT. G/2016/PENGADILAN NEGERI MANADO)

Nurlely, Syahraini Kader (2022) TINJAUAN HUKUM KEWARISAN ISLAM TERHADAP SENGKETA ATAS PENGUASAAN TANAH WARISAN MELALUI SERTIFIKAT PERSPEKTIF MASLAHAH MURSALAH (STUDI TERHADAP PUTUSAN HAKIM NOMOR 170/PDT. G/2016/PENGADILAN NEGERI MANADO). Diploma thesis, INSTITUT PESANTREN KH. ABDUL CHALIM.

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Abstract

Inheritance law is the law that regulates the transfer of ownership rights of the testaror. As Islam has acknowledged about the transfer of property that has been left by the heir while the heir is still alive, it will bee transferred to the heirs after the heir dies.
In the perspective of Maslahah Mursalah, that is something that is good according to reason and can be considered and realizes a good or avoids a bad thing for humans. The purpose of this thesis research is to find out: (1) how the judge’s considerations in deciding cases with number 170/Pdt.G/2016/Pn.Mnd. (2) how is the review of Islamic inheritance law from the perspective of maslahah mursalah in deciding the case 170/Pdt.G/2016/Pn.Mnd.
In this research, the author uses qualitative research methods using library research analysis, and in this study the focus is to discuss the review of Islamic inheritance law which is used as the object of inheritance of land tenure through certificates from the perspective of maslahah mursalah. And the reference is this research is to use the primary legal materials used in the decision number 170/Pdt.g/2016/Pn.Mnd.
The result of this thesis research indicate that based on the judge’s consideration in deciding case number 170/Pdt.G/2016/Pn.Mnd, explained that those who can receive inheritance are only people who have a kinship relationship with the heir, so in this case if there is someone who wants to control inheritance over land disputes and that person has no attachment to the heir, it is clearly not allowed, and that person has commit an unlawful act. Then if it is associated with the perspective of maslahah mursalah, the discussion of inheritance land control through this certificate is not allowed because there is no benefit to people who want to control inheritance that is not their right.

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