The Position of Decedent’s Sibling in Inheritance Based on Compilation of Islamic Law

Abstract

The position of decedent’s brother in Compilation of Islamic law regulates in article 181 and article 182, which are arranged the proportion of the maternal brother and sibling brother together inherit with paternal sibling.

Compilation of Islamic law which formed in President Instruction still need many interpretation in its existence and substance, in which regulation should have given complete and sufficient regulation, and it will avoid the existence of verdict disparity by religion court judge.

The type of this research is normative research; there are five approaches to use, which are: philosophical approach, conceptual approach, statute approach, case approach and historical approach.

Based on this fact, the substance of Compilation of Islamic law is not as complete as in Fiqh, so that this condition will lead to related problems to analyze:

1. The existence of legal vacuum that regulates the position of decedent sibling who inherit together with decedent’s sibling , paternal and maternal sibling in Compilation of Islamic law
2. Difference of existence in decedent sibling that inherit together with decedent’s sibling brother, paternal and maternal sibling in Compilation of Islamic law
3. The existence of vague condition of related regulation related with decedent sibling that inherit together with decedent’s sibling brother, paternal and maternal sibling in Compilation of Islamic law

Keywords: decedent’s sibling their position in inheritance