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COMPARISON OF ISLAMIC INHERITANCE LAW IN
INDONESIA AND SOMALIA
Info Artikel

Keywords :
Inheritance distribution;
Division of boys and girls;
Somali Law

I
...
Because the Somalia region was originally a British
colonial area that was a protectorate under India, in the beginning
the Indian and British law was also enforced
...
This writing uses juridical
normative methods that use primary legal material, for example
statutory regulations and legal theory, as well as secondary legal
materials, for example books, thesis, and related journals
...
These rules regarding the transfer of property are called by various
names
...
This difference in naming occurs because of the
difference in direction which is used as the main point in the discussion
...

The law on individuals (al-ahwâl al-syakhshiyyah) is a field that is not only considered
important, but also considered the most fundamental in Islamic law
...
Because of the fundamental nature of legal issues related
to individual problems, N
...
Coulson and Esposito argue that family law is the bulwark of
Islamic law
...
Therefore, it seems reasonable why Islamic law on personal status
generally remains valid in Islamic countries
...
5
million people, of which 99% are Muslim
...
Because the majority of the population is Muslim, Islamic law applies here
...
The implementation of Islamic law in Somalia is always influenced by customary law, this
also affects the distribution of inheritance
...
Then in 1865 there was a change of leadership, since then there have been several
exchanges of regulations and legislation, for example the 1875 regulations, then the creation of
the 1908 civil law, then expanded with the law of engagement and marriage according to
custom which was confirmed in 1938
...

More specifically, this article will discuss the comparison of Islamic inheritance law in
Indonesia and in Somalia
...
In Indonesia, there was
also an idea by Prof
...
H
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2
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The legal approach used in this writing is the Conceptual
Approach and Statute Approach
...


3
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3 No
...
” This
journal discusses the distribution of inheritance in Somalia which is based on the articles of the
Somali Family Law Law No
...
This journal also discusses Somalia
which also uses the ijtihad method by providing a completely new interpretation of the existing
texts
...
23 of 1975, as mentioned above
...
While article 160 also regulates in detail that a wife who
is left by her husband gets half of the inheritance if there are no children or grandchildren, and
gets a quarter if there are children or grandchildren
...
This is based on the principles of the socialist revolution that
emphasize aspects of social justice and equal human rights
...

Second, a journal written by Muhammad Salahuddin, Volume 21 Nomor 2 Tahun
2023, Jurnal Ilmiah Ar-Risalah, yang berjudul “Kesetaraan Gender Dalam Pembaharuan
Pratama, A
...
R
...
A
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Hukum Keluarga Islam di Somalia
...

1

Undang-Undang Waris Somalia
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However, this is not the same as the legal reform that occurred in Somalia,
where the division between men and women is equalized, namely 1:1
...
So it can
be concluded in this journal that the Family Law Law No
...
This is in accordance with the statement in article 158, namely men and
women have the same rights in the distribution of inheritance
...

Then in article 161, if the heirs are only two children, namely a boy and a girl, then the
inheritance is divided equally between the two without distinguishing between genders
...
Results and Discussion
Current Patterns of Distribution of Inheritance Assets in Somalia and Indonesia and
Their Relationship with the Compilation of Islamic Law
Allah's words in Surah Annisa' verses 11 and 12 are as follows: "Allah has
prescribed for you regarding (distribution of inheritance to) your children
...
And for two parents, for
each one sixth of the property left behind, if the deceased has children, if the deceased
has no children and he is inherited by his parents (only), then the mother gets a kiss, if
the deceased If he has siblings, his mother gets one sixth
...

(Regarding) your parents and your children, you do not know which of them is closer
to (many) benefits to you
...
Indeed, Allah is All-Knowing,
All-Wise (Quran S
...
”2
“And to you (husbands) half of the property left by your wives, if they have no
children
...
Wives get a
quarter of the property you leave if you don't have children
...
If a person dies, whether male or female, who left no father
and no children, but has a brother (only one mother) or one sister (one mother only),
then to each of the two types of siblings one sixth of the property
...
Allah established
this as the true Shari'ah from Allah, and Allah is All-Knowing, Most Forgiving (Quran
S
...
”

Ahmad Syafi’i, S
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(2019)
...
STUDI HUKUM ISLAM
INTERDISIPLINER Madzhab “Sunan Giri”, 287
...
For example, the division between ex-husbands
(widowers) and ex-wives (widows) in Somalia is divided into half
...

In Indonesia, according to articles 179 and 180 in the compilation of Islamic law,
widowers will get half if the simayat has no children and will get one-eighth if the
simayat has children
...

In the verse above, the husband's share is half if the simayat does not have
children and will get a quarter if the simayat has children
...
So in this section Somalia departs too much
from the original text regarding the division of husbands which is equated with the
division of wives
...

According to Fuqha, a husband's inheritance from his wife is half if the heir
does not have children and if the heir has children then the husband will get a quarter
...

The departure of Somalia and Indonesia from the original text in terms of the
distribution of inheritance, according to the author, means that the obligations between
men and women today in terms of responsibilities are almost the same
...
This is an example of the case in Somalia
in terms of equalizing the division between husband and wife
...
In everyday life, it is possible that if the wife
dies, then the ex-husband remarries another woman, most of the children's education
and welfare are neglected
...

Furthermore, for the division of father and mother in Somalia, if the testator
only leaves a husband or wife, then the husband or wife's share is half, then all
remaining assets are given to the father and mother with equal division
...
For the mother, one-sixth if the testator has children, but if the testator does not
have children or two or more siblings, then the mother will get the end
...
According to the original
text, the division of the father and mother is one-sixth each, if the simayat has children,

if they do not have children then they will get a corner
...

Munawir Sjadzali, once gave the idea that the division of assets for men should
be the same as for women
...
This means that Islam elevates the dignity of women, why not all at once give
women the same share as men is indeed unclear, but Islamic teachings are often
implemented gradually (Remember the determination of the prohibition of alcohol)
...
Then because modern life today has given greater obligations to women
than in the past, so that women can now also play the same role as men in society, it
is logical that their rights in inheritance are also increased to be the same as men (Atho
Mudzhar in Contextualization of Islamic Teachings, 1995 312)
...
Heirs according to statutory
regulations or heirs ab intesto based on blood relations are divided into several groups
as follows
...
The husband or wife who lives the longest was recognized as an heir in 1935,
whereas previously the husband/wife did not inherit from each other
...
Therefore, if there are four children and a widow, they each
receive the right to one-fifth of the inheritance
...
It's different if a father dies and
leaves heirs consisting of a child and three grandchildren, then the rights of the
grandchildren are blocked from the children (the children prevent their children from
becoming heirs)
...
For parents, there
are special regulations that guarantee that their share will not be less than a quarter of
the inheritance, even though they are joint heirs with the testator's siblings
...
, & Mukhlas, O
...
(2023)
...
al-Afkar, Journal For Islamic Studies, 6(3), 337-348
...
If
the mother or father of one of them has died, then the one who survives the longest will
receive the following:
1) Half of the entire inheritance, if he is the heir together with a sibling,
whether male or female, the same
...

3) A quarter of the entire inheritance, if he is the heir together with three or
more heir brothers
...
This is evident in the
granting of equal inheritance rights between men and women
...

Heirs entitled to inheritance will be: the surviving spouse, children and grandchildren
of either sex, father, grandfather, mother, grandmother and brothers and sisters by full, half and
uterine blood
...
If there are children or grandchildren he or she will get one fourth of the estate
...

If the deceased is survived by only one son or daughter he or she will inherit the whole
estate where there are two or more sons and daughters the estate shall be divided equally among
them irrespective of their sex
...

If deceased is survived by only his father he shall inherit the whole estate
...
The granfather may
inherit in place of the father as laid down here
...

Where there are also children and grandchildren of the deceased, the mother will get one-sixth
and the children and grandchildren shall divide equally among themselves the remainder of the
estate
...


Huda, M
...
Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim
Modern: Kajian Tipologis
...

4

If the deceased is survived only by a brother or a sister, he or she will inherit the whole
estate
...
If there is also the grandfather or grandmother, the latter shall inherit one-sixth
share of the estate and the rest shall be divided equally among brothers and sisters
Father and mother will exclude all grandfathers and grandmother both paternal and
maternal
...

Children will exclude grandchildren and children (or grandchildren) will reduce the
shares of the surviving spouse, father (or grandather) and the mother (or grandmother)
...
Conclusion
The provisions of inheritance shares between men and women in Indonesian and
Somali laws are different
...
The differences in the provisions of
inheritance shares are as follows:
a
...

b
...

c
...

d
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Bibliography
Syafi'i, A
...
PEMBARUAN HUKUM KELUARGA ISLAM: Studi Kasus Hukum Waris di Somalia
...

Salahuddin, M
...
KESETARAAN GENDER DALAM PEMBAHARUAN UNDANG-UNDANG
WARIS SOMALIA
...

YUNI-NIM, L
...
(2008)
...

Huda, A
...
Hukum Keluarga Di Negara Somalia
...




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