TINJAUAN KOMPARASI KEDUDUKAN HUKUM AHLI WARIS PENGGANTI DALAM PERSPEKTIF HUKUM PERDATA DAN KOMPILASI HUKUM ISLAM.

The purpose of this research is to examine the comparison of the legal position of substitute heirs and their similarities and differences in the perspective of Civil Law and the Compilation of Islamic Law. The type of research used by the author is Normative Legal Research with a Legislation approach and a comparative approach. The research results show that according to the Compilation of Islamic Law, grandchildren can replace parents who have passed away as heirs, but the share received by grandchildren is not always as large as that of their parents. The share of grandchildren should not exceed the equal shares of other heirs. Both male and female grandchildren, whether from the paternal or maternal line, have the right to inherit or replace their deceased parents. According to Civil Law, this substitution system applies not only to grandchildren but also to nieces, nephews, and siblings who are replaced by their children. In principle, the concept of substitute heirs in the Compilation of Islamic Law is not significantly different from Civil Law. Both replace the position of deceased heirs, where the father's position is replaced by his children. The difference is that in Islamic Law, the substitution of heirs only occurs in the direct line of descent, meaning only grandchildren can replace their parents, while in Civil Law, substitution can occur in the direct line of descent as well as in the collateral lines of descent. [ABSTRACT FROM AUTHOR]