Journal article Open Access

DINAMIKA SEKULARISASI DAN PEMBAHARUAN HUKUM WARIS ISLAM DI TURKI

Mahsun Fuad

As a country that is intensely implementing the ideas of secularization, Turkey has
radically reformed the field of family law including inheritance issues. Provisions for the distribution
of inheritance based on the Hanafi madzhab in force in the previous law were practically replaced after
Turkey imposed a new civil and criminal law in 1926.
This journal discusses the secularization and renewal of Islamic inheritance law in Turkey
with a descriptive qualitative approach. The results obtained indicate that one of the radical reforms
introduced in Turkey is a completely new system of inheritance in the form of a "copy paste" of the
Swiss civil law of 1912. This renewal can be seen in the provisions of the portion of inheritance
received by boys and girls who apply for the acquisition of the same share. This of course is a
"progress" because as stipulated in the provisions of the Qur'an 4:11 which requires the division of
brothers to get two to one sister.

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