MEASURING THE PRINCIPLE OF ISLAMIC PERSONALITY OF THE RELIGIOUS COURT IN INHERITANCE CASES (Analysis of Decision Number 4256/Pdt.G/2015/PA.Jr)

Abstract

The decision of the Jember Religious Court Number 4256/Pdt.G/2015/PA.Jr shows inconsistency in legal logic and religious bias in the settlement of inheritance cases involving Muslims and Non-Muslims, resulting in uncertainty and injustice for justice seekers, especially for Non-Muslim heirs who lose the right to obtain a share of the inheritance from a Non-Muslim Deceased. This is due to the absence of clear rules regarding the authority of the court in handling inheritance cases of different religions, which leads to a conflict of authority between the Religious Court and the State Court. The purpose of this research is to analyze the judges' views on the Principle of Islamic Personality in the Religious Court in inheritance cases and to examine how the Religious Court resolves the case in Decision Number 4256/Pdt.G/2015/PA.Jr. This research uses a descriptive qualitative approach to describe and analyze social phenomena related to the principle of Islamic personality of religious courts in inheritance cases by collecting primary data from analysis of decisions and secondary data from legal materials, as well as conducting interviews, observations, and documentation analyzed using the Miles and Huberman model. The validity of the data is obtained through source triangulation, and the research is carried out in three stages: pre-research, research, and post-research. The research results explain that based on the Principle of Islamic Personality in the Religious Courts Law, the judges at the Jember Religious Court are of the view that they only have the authority to adjudicate inheritance cases involving parties who are Muslim. In decision Number 4256/Pdt.G/2015/PA.Jr, although there is evidence that the deceased was previously Muslim, the judge decided that he was not authorized to receive, examine, adjudicate, and resolve the case because both the plaintiff and the deceased were considered Catholic at the time of death based on their Catholic burial procedures, so it was considered not to be under the authority of the Religious Court according to that principle.