KEBERADAAN PASAL 171 C KOMPILASI HUKUM ISLAM PASCA PUTUSAN MAHKAMAH AGUNG NOMOR: 368 K/AG/1995 TANGGAL 16 JULI 1998

Abstract

Islamic inheritance law has a "demarcation" very strict for those who are not the
same religion (Islam) and do not inherit each other. Moreover, the behavior of
"apostasy" is an act of treason to Muslim families, hurting and embarrassing for
parents, family and relatives. So if there are children or heirs apostate then based
on Islamic law of inheritance of his severed relationship. It is a norm adopted and
is believed by Muslims. But based on the jurisprudence of the Supreme Court
lapsed remain synchronized their rights through was borrowed. Jurisprudence on
was borrowed for non-Muslims is a violation of articles 2 and 49 LAW OF THE
REPUBLIC OF INDONESIA NUMBER 3 YEAR 2006 CONCERNING THE
AMENDMENT OF LAW NUMBER 7 IN 1989 ON THE TRIAL OF RELIGION.
Ignoring Article 171 c, that hindered religious difference in terms of inheritanceheir.
Adding to the norm of article 209 KIH, that the heir to the non-Muslims
"rehabilitated" and get a share based on the position was borrowed.