SOCIAL AND RELIGIOUS DIMENSIONS OF CHILDREN’S INHERITANCE IN TURKEY, SAUDI ARABIA AND INDONESIA

Authors

  • Asep Saepudin Jahar Syarif Hidayatullah State Islamic University Jakarta
  • Shubhan Shodiq Syarif Hidayatullah State Islamic University Jakarta (Awardee Lembaga Pengelola Dana Pendidikan Republik Indonesia)

DOI:

https://doi.org/10.30821/miqot.v46i1.870

Abstract

Abstract: This paper explores the framework of inheritance provisions for biological children and adopted children in three different countries, namely Turkey, Saudi Arabia, and Indonesia. The reinterpretation of children's inheritance rights in society today demonstrates the increasing response to social context vis a vis religious text. Turkey and Indonesia share an emphasis on social dimension in reinterpreting children's inheritance rights for men and women portions. Saudi Arabia, however, is remained to adopt conservative approach in interpreting the religious texts wherein men’s share twice as much as women. This research is a normative (doctrinal) approach in comparing legal issues on inheritance exercised in three countries. The data are based on literature such as regulation, books, journals, and related articles. This paper argues that socio-cultural conditions, political dynamics and ideological mainstream shape the nature of law in each country.  Keywords: inheritance of biological children, adopted children, turkey, Saudi Arabia, Indonesia

Downloads

Published

2022-08-29

Issue

Vol. 46 No. 1 (2022)

Section

Articles

License

Authors who publish with this journal agree to the following terms:

  1. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  2. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).

MIQOT  journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. MIQOT  journal Open Access articles are distributed under this CC BY SA.