Terobosan Hukum Kewarisan Islam: sebuah Langkah Mewujudkan Undang-undang Hukum Terapan Peradilan Agama Bidang Kewarisan

Reforms in Islamic law of inheritance in Indonesia emerged after judges of religious courts had used Compilation of Islamic Law an official legeal refrence. The Compilation consist of three books: marriage and divorce, inheritance and endowment. It aims to unify perceptions among religious court judges about religious court legal refrence so to avoid having disparities in handling legal cases due to arbitary sources, such as diverse classical work of fiqh written by Muslim jurists. The reform continues after the endorsement of Law No. 3/2006 that extends religious courts\u27 comptence. Their domains now include alms-giving, charity and economics shari\u27a. Another legar reform deals with inheritance regarding umariyatain or gharrawain. The Compilation Chapter 178 [2] states that mother along with father will receive 1/3 0f the remaining estate after it has been allotted to widow/widower. The Bill of Law to be usedas subtantive source in religious courts revises this rule stating that mother will receive 1/6 of the estate if the deceased has sons/daughters. Another important issue is that daughter will block the position of the deceased\u27s brothers/sisters. There is, however, no prescription about this new rule in the compilation or in other legal sources used in religious courts, but one example of this rule can be found in the Supereme Court\u27s decision