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TESIS: KEWARISAN ŻAWŪ AL-ARḤĀM DALAM PERSPEKTIF KOMPILASI HUKUM ISLAM (Studi di Pengadilan Tinggi Agama Makassar)

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Among the heirs’ cases argued by the scholars since the time of the Companions to
this day is the subject of żawū al-arhām inheritance. Żawū al-arhām is a group of relatives
other than żawū al-furud and ‘asabah, żawū al-arhām excluding the main heirs, but still
allow for inheritance in certain conditions. The Islamic Law Compilation (ILC) does not
contain the żawū al-arhām inheritance explicitly; it prefers the bait al-mal from the żawū alarhām. Therefore, in order to avoid the legal void in żawū al-arhām case, it is considered
necessary to examine how the żawū al-arhām is in the perspective of ILC, with a case study
at the Religious High Court of Makassar.
The study is a descriptive qualitative research using normative theological and
normative approaches. The sources of data are derived from primary data obtained from the
results of direct interviews, and secondary data in the forms of written information and
literature. Non-participant observation, interview, and documentation are utilized in
collecting the data, and the final stage is drawing conclusions.
The results of the study reveal that ILC remains the main reference of the judges in
determining the inheritance case of żawū al-arhām, particularly on the article 185 verse 1 of
the ILC on the successor heirs, article 193 verse 2 ILC on the wajibah testament of the
adopted child, and article 193 ILC concerning rad. ILC accommodates the inheritance of
żawū al-arhām through the wajibah testament or as a replacement heir, as well as the method
of division of the qarabah expert to the recipients of wajibah testament and the method of
tanzil expert in the position of a successor heir. The Judges agree that the recipients of
wajibah testament are a maximum of 1/3 of the inheritance property. Differences in opinion
if żawū al-arhām and żawū al-furud, among the judges there are those who position as
successor heirs, others choose wajibah testament and the others choose the middle path by
limiting the replacement heirs only on bunuwah path (inheritor branch) to grandchildren only.
As for the side paths that are ukhuwah (sibling) and 'umumah (uncle) are enforced wajibah
testament.
There are two implications of the study, namely the theoretical implication which is
expected to contribute to the thoughts of reforming Islamic law, particularly in the
development of ILC. The practical implications of this study are that it can be used as a
reference and consideration in the division of the żawū al-arhām group's inheritance for the
Muslim community in general and can be inputs to religious judges in determining the żawū
al-arhām inheritance cases.
Keywords : Inheritance, Żawū al-Arḥām, Wajibah Testament, Successor Heirs,
Islamic Law Compilation, Religious Court

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2X4

Penerbit

PASCASARJANA UINAM : ., 2018

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2X4

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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