The Feasibility of Implementing Islamic Law in Distribution System of Civil Servants’ Inheritance

Abstract

Muslim in Indonesia faces dualism of law derived historically from the advent of Islam and national law as a form of combination during the age of colonialism. The legal law of inheritance does not represent Islamic law hitherto. Therefore, this research aims at analyzing the clash of laws and its’ distribution specifically on Muslim civil servant inheritance in Indonesia. Identifying principles and legal norms approach to inheritance, this research covers philosophical, statue, and conceptual. Legal material sources which are based on normative-prescriptive are this research’s primary, secondary and tertiary materials. Thus, it employs juridical qualitative analysis based on legal interpretation, reasoning, and argumentation. Finally, the wealth sourced from savings/stoppage of civil servants is inheritance that should be divided in accordance to the law of community property and Islamic inheritance law or Faraidh.

Keywords: Islamic Law, Distribution of inheritance, Muslim civil servant, Indonesia