THE CONSTRUCTION OF COMPILATION OF ISLAMIC LAW PRINCIPLES IN DETERMINING THE CONDITION OF SUBTITUTE HEIRS BASED ON JUSTICE VALUE

Abstract

The aim of the research is to study and to analyze the construction of the principles of compilation of Islamic law in determining the conditions of substitute heirs. This research used empirical Judicial Method. The results of the study found that substitute heirs in the Compilation of Islamic Law are closely related to the principles of inheritance of the compilation of Islamic Law which are ijbari (forcing, compulsory), bilateral, individual, balanced justice, inheritance due to death, and the principle of Islamic personality. The method of applying Article 185 KHI can be seen in terms of the substitute heirs, in terms of the nature of substitute heirs, in terms of the quality of the existence of substitute heirs, and in terms of groups and limitations of substitute heirs and the method of distribution.