Karya Ilmiah
TESIS (2757) - Akibat Hukum Kembalinya Ahli Waris Yang Telah Dinyatakan Hilang (Mafqud) Terhadap Pembagian Warisan Menurut Hukum Islam
received each heir and how to distribute the estate to the heirs under the law of
God, but thus still be problems when the status of the heirs are not known to exist
while the estate has been divided then heirs are found to exist and ask the estate
part, though in the process of distribution of the estate where there are no heirs are
not known to exist have to wait for the determination of the loss or death of her
someone by Judge Court, therefore, the first problem to be the author adopted is
about how if the property part of heir mafqud which has been set aside and then
spent by other heirs, the problems that the ones I will convey is what the ratio
decidendi in the determination of the loss of those issued by Court judge, this
study, using the approach of Legislation, case studies, conceptual approach, the
description of the first problem relates to the division of the estate conducted by
the heirs who are still there which is also part of the heirs mafqud is taken
distributed previously set aside , when the heir mafqud it turns back to collect his
share, then heirs others are obliged to hand over the treasure of the detained, the
problems of both authors use several court decision to determine the ratio
decidendi judge in determining the status of the missing or dead her someone that
in setting judges use several grounds such as based on the provisions of relevant
legislation and also based on hukus foundation of Islam and the doctrines of
Islamic scholars, in addition to the judges in their establishment also took into
account the technological advances that affect its adoption on the status of an heir,
Keywords: Ratio decidendi Judge, Division of inheritance, heirs mafqud
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