THE POSITION OF OTHER HEIR APPARENT DUE TO THE OBSTRUCTION OF SINGLE DAUGHTERWITH DIFFERENT RELIGION IN THE DISTRIBUTION OF INHERITANCE ACCORDING TO THE COMPILATION OF ISLAMIC LAW

ABSTRACT :This research was conducted with the aim of finding out how the position of other heir apparentsaccording to the Islamic Law Compilation if a single daughter has different religion as the heir apparent of adeceased father, whether it changes the position of the inheritance rights of other heir apparent. This study useda normative research method with a statutory approach and the nature of this research was prescriptive. Theresults of this study indicated that childwho previously had the right to inheritance from their parents, butbecause of other things (different religion) in accordance with Article 171 letter b and c of the Islamic LawCompilation, loses their position over inheritance rights. As for the position of inheritance rights in accordancewith Article 174 paragraph (2) of the Islamic Law Compilation, it is stated that if all the heir apparentsarealive,only children, father, mother, widow or widower are entitled to inheritance because the religion of a singledaughter is different, it will transfer to the mother and the grandparents of the single daughter with differentreligion.

Keywords -The Position of Other Heirs, SingleDaughter, Different Religion, Islamic Law Compilation