Diana Farid, Muhammad Husni Abdulah Pakarti

Penetrasi Konsep Hibah Sebagai Solusi Dalam Proses Pembagian Waris

Introduction

Penetrasi konsep hibah sebagai solusi dalam proses pembagian waris. Pahami konsep hibah sebagai solusi pembagian waris dalam Hukum Islam, Adat, dan KUH Perdata. Analisis ini membahas batasan hibah untuk melindungi hak ahli waris secara adil.

Abstract

An owner of property has the right to make grants to anyone, including his children, provided that the grant does not reduce the inheritance rights of other heirs. Grants that are given with the right conditions and fulfilled pillars are valid in law. However, there are restrictions in Islamic law regarding the granting of grants to heirs. This research aims to analyze the rights of heirs to grants and the limits of granting grants in Islamic law, Customary Law, and the Civil Code (BW), especially related to the protection of the rights of heirs. This research uses the literature study method by analyzing relevant legal sources, such as Islamic Law, Customary Law, and BW, to understand the provisions on grants and the division of inheritance. Grants given to heirs do not reduce their inheritance rights, as long as the grant does not exceed the stipulated limit, which is a maximum of 1/3 of the grantor's assets. This aims to protect the rights of heirs who could potentially be harmed by excessive grants. In addition, the principle of justice must be applied when grants are given to children or other heirs, to avoid imbalances in the distribution of inheritance. The maximum grant restrictions in Islamic Law, Customary Law, and BW aim to maintain the balance of heirs' rights and prevent harm to them. Although grants can strengthen relationships, it is important to comply with the legal limits to ensure that the rights of the heirs are not compromised. The existence of such restrictions also demonstrates the need for caution in making grants, especially when the grantor passes away and the distribution of the inheritance must be done.

Review

The article, "Penetrasi Konsep Hibah Sebagai Solusi Dalam Proses Pembagian Waris," proposes an interesting exploration into the concept of grants (hibah) as a mechanism for facilitating inheritance division. The research aims to conduct a critical comparative analysis across Islamic Law, Customary Law, and the Civil Code (BW), with a particular emphasis on delineating the rights of heirs and the legal limitations surrounding such grants. This multi-legal system approach is highly relevant for understanding inheritance dynamics in jurisdictions with pluralistic legal frameworks, and the abstract clearly articulates the crucial objective of safeguarding the inheritance rights of all legitimate heirs from potential detriment. The methodology described relies on a literature study, analyzing pertinent legal sources to establish the provisions governing grants and inheritance distribution within the specified legal systems. A core argument advanced is that while grants are legally recognized and can serve to foster familial relationships, their validity is contingent upon adherence to specific conditions and pillars, notably a maximum limit typically set at 1/3 of the grantor's assets. This restriction, consistently highlighted across Islamic Law, Customary Law, and BW, is presented as a fundamental safeguard to prevent an imbalance in inheritance distribution and protect the interests of other heirs. The principle of justice is underscored as essential in the application of grants to ensure equitable outcomes. While the abstract effectively outlines the research's scope and its foundational arguments regarding the legal validity and necessary limitations of grants, it could benefit from a more explicit discussion of how grants function as a "solution" beyond simply being a legally recognized instrument. The current emphasis is primarily on the restrictions required to protect heirs, which is undeniably vital. However, to fully engage with the "solution" aspect hinted in the title, deeper exploration into specific practical scenarios where grants proactively resolve potential inheritance disputes or provide strategic advantages in estate planning would strengthen the narrative. Nevertheless, the paper's comprehensive comparative legal analysis across Islamic, Customary, and Civil Law, focused on heir protection, positions it as a valuable contribution to understanding the complexities and nuances of inheritance planning in a pluralistic legal context.

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