Different Religion Heritage In Scholars Perspective And Its Implementation In Religious Courts Medan North Sumatra - Indonesia

摘要

The purpose of this study is to find the legal basis on the different religious heritage in the opinion of the scholars and their implementation in the Religious Courts of Medan. There is a contradictory opinion between the opinions of Ulama and the Decision of Religious Judges of Medan. In accordance with the consensus opinion of the scholars, that people of different religions should not inherit each other. This provision is based on the hadith narrated by Imam Bukhari. However, children as different heirs of religion can receive the inheritance from both parents. The data collection of this research is interview, literature study and observation in Medan Religious Court. Based on the data obtained in the documents in the Religious Courts that the heirs of different religions are based on the Supreme Court Jurisprudence No. RI. 51.K / AG / 1999 dated September 29, 1999, which asserts that non-Muslim heirs are entitled to an inheritance based on a mandatory bequest that is equal in part to that of the Muslim heirs. Furthermore, Jurisprudence of the Supreme Court of the Republic of Indonesia no. 368.K / AG / 1995 dated July 16, 1998, states that non-Muslim girls are the same inheritance with the children's share of Muslim daughters by mandatory will.