PERBANDINGAN SISTEM PEMBAGIAN WARIS DALAM HUKUM INDONESIA DAN MALAYSIA

Abstract

This research focuses on examining more specifically the comparison of inheritance distribution systems in Indonesian and Malaysian law. Both are Muslim-majority countries that apply Islamic law in the distribution of inheritance, but each has different legal systems and policies in regulating inheritance. This research method is a type of qualitative research using the Library Research method. The research results show that Indonesia adopts a pluralistic legal system which includes Islamic law, customary law and civil law in the division of inheritance, while Malaysia implements a dualistic legal system with a separation between Sharia law for Muslims and civil law for non-Muslims. The similarities between the two countries lie in the basis of Sharia law which guides the distribution of Muslim inheritance, including the application of the faraid principle.