The Essence of the Legal Position of the Successor According to Islamic Law and the Civil Code Based on the Decision of the Religious Court and the District Court in South Sulawesi

Abstract

The essence of the legal status of successors in Islamic Law and the Civil Code shows significant differences in inheritance arrangements. In Islamic Law, a successor heir (al-mawaris al-badal) is the party who replaces the position of the heir who dies before the heir, with the same inheritance rights as he replaced. This aims to ensure a fair distribution of inheritance in accordance with the principle of distributive justice. On the other hand, the Civil Code recognizes successors with a more flexible approach, where the inheritance rights can be adjusted through a will. These differences affect the way inheritance is divided and disputes are resolved, especially in the context of Indonesia, which has a variety of legal systems. This study aims to explore the differences in the legal status of successors in the two systems, as well as their implications for inheritance practices and inheritance dispute resolution in Indonesia. Islamic law and the Civil Code have fundamental differences in the position of successor heirs. Islamic law stipulates that a successor heir replaces the position of the heir who dies before the heir with equal rights, based on the principle of distributive justice. Meanwhile, the Civil Code offers greater flexibility, allowing adjustments to inheritance rights through wills. These differences affect inheritance and dispute resolution practices in Indonesia, so it is important to find solutions that can harmonize the two legal systems to achieve justice and legal certainty.