The Distribution Of Muslim Civil Servants’ Inheritance In Indonesia

ASERI, MUKHSIN (2019) The Distribution Of Muslim Civil Servants’ Inheritance In Indonesia. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

Indonesia legislation has regulated the right of civil servants’ heirs who died by giving priority rights and hierarchy, and overriding other heirs. Meanwhile, in Islamic inheritance law, the right of heirs is regulated in such a way without prioritizing an heir. The problem formulations of this dissertation are: (1) How is the characteristics of Muslim Civil Servants inheritance in Indonesia? (2) How is distribution of Muslim Civil Servants inheritance in Indonesia? This dissertation is law research, by identifying norms and principles of various legal laws that govern inheritance. This research used law philosophy approach, statute approach, case study and conceptual approach. Furthermore, the law material source used were primary, secondary and tertiary legal materials based on normative-prescriptive. Analysis of legal materials findings using by juridical-qualitative analysis methods. The findings revealed that the characteristic of Muslim civil servants' inheritance is property rights, pension fund, in the form of monthly salaries and limited property rights at certain times. After civil servants die, their inheritance is as continuous salary and death security are distributed in line with Islamic grant law. Muslim Civil Servants’ inheritances, such as pension security, retirement security and housing saving are based on the theory of Islamic law and qiyas theory, it is included into Tirkah. The laws and regulations Civil servants' inheritance that are divided hierarchy does not reflect justice, benefit, legal security and it is contrary to Islamic law, because this property is Tirkah and its distribution should use Islamic inheritance law. All heirs have rights to get Muslim civil servant inheritance. Widows / widowers get a share of shared assets ½ (half) of collateral pensions, retirement security and housing saving, then the rest, ½ (half) are shared with all heirs.

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