Analisis Yuridis Terhadap Kekuatan Surat Wasiat Bawah Tangan Berdasarkan Hukum Perdata Barat Dan Hukum Islam

Inheritance law is closely related to human life because humans will experience death, phenomena and problems that often occur are regarding parties who are legally recognized or unilateral claims as heirs. The aim of this research is to explain the results of the analysis related to the rules and concepts of heirs based on private wills according to Western Civil Law and Islamic law and procedures for resolving private will disputes. The results of the research explain that the concept of heirs based on a private will based on positive law is regulated based on several rules, including the distribution of inheritance rights to children according to the Civil Code. In Indonesia, private wills are regulated in Article 925 of the Civil Code with the conditions that they must not violate the obligatory inheritance rights of children and must be fair while Islamic law. The main basis for this inheritance is entirely found in the Al-Quran and Sunnah of the Prophet Muhammad SAW. The source of law comes from the Al-Quran An-Nisa Verse (7) and Paragraph (11). Article 124 of the Civil Code, which regulates dispute resolution in guardianship, wills and inheritance law. In Islamic law, conflict resolution regarding inheritance can refer to the teachings contained in the Al-Qur'an and hadith (Traditions and Sayings of the Prophet Muhammad SAW). One of the main principles is that conflict resolution must be based on justice and the provisions set out in the Koran and can also be done through a Religious Court mechanism if those who object are fully Muslim