Yusri’s scientific contributions

Legitime portie is a certain part of the inheritance that cannot be written off by an heir. This is also regulated in Islamic Law which is called ashab alfurudh or dzawil furudh. However, it was found that there was a testamentary grant giving which gave rise to a dispute, where the heirs disagreed with the will grant, the provisions in the will grant deed were considered to take away legitimacy rights. The purpose of this study is to explain how the right of legitime portie and the legal protection if the grant of a will violates, takes or reduces the rights of the legitime portie. This research is a normative juridical research with a statutory approach, a case approach, and a comparative approach. Data collection was carried out through document studies and interviews with resource persons. The data obtained were analyzed qualitatively using inductive analysis instruments. The results of the study show that both in Islamic and western law do not justify (forbid) someone's testament that harms the heirs who should receive an inheritance. In the Civil Code, a violation of a testamentary grant against a legitime portie will result in legal consequences depending on the legitimacy's stance, that is, if the legitimacy can simply accept the fact without going to court or filing a lawsuit to the court on the basis of its absolute share. Meanwhile, in Islamic law there is a limit on the amount that can bequeath 1/3 (one third) of his property. The maximum limit for granting 1/3 is a rule of Islamic law which is intended to provide legal protection to the recipients of the inheritance from the legal actions of the heir to the recipient of the grant.