The Legal Study of a Legal Entity as a Recipient of Custody Testament in Article 108 of KHI and Its Relevance to The Principles of Maqāṣid al-sharī’ah

al Maliki, Muhammad Alwi and Muslimin, JM and Zada, Khamami (2020) The Legal Study of a Legal Entity as a Recipient of Custody Testament in Article 108 of KHI and Its Relevance to The Principles of Maqāṣid al-sharī’ah. In: ICIIS 2019, 7th-8th Nov 2019, Jakarta, Indonesia.

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Abstract

This research aims to analyze a regulation of custody testament in article 108 of KHI, and its relevance with the principles of Maqāṣid al-sharīah by using the method of interpretation approach for the provisions of the custody testament in KHI, marriage law no. 1 of 1974 and the Eropa’s Civil Code. This research focuses on a custody testament which is given to a legal entity. The method used in the research is the descriptive qualitative method by the method of interpretation approach. This study produces conclusions about the provisions of the custody testament in article 108 of KHI has responded the changing of times and it has relevanted to the principles of Maqāṣid al-sharīah but it must be further refined to be clearer. The author recommends the government to give additional explanations in article 108 of KHI so that the principles of Maqāṣid al-sharīah will be reached completely.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: testament custody legal entity article 108 of khi maqāṣid al-sharī’ah
Subjects: H Social Sciences > H Social Sciences (General)
Depositing User: EAI Editor IV
Date Deposited: 24 Mar 2021 15:35
Last Modified: 24 Mar 2021 15:35
URI: https://eprints.eudl.eu/id/eprint/2001

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