TINJAUAN HUKUM KEWARISAN ISLAM TERHADAP PENGHAPUSAN BAGIAN ‘ASHABAH AYAH MELALUI PASAL 177 KHI DAN SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 1994

Abstract

There are three ways fathers inherit property, namely the furudl, ashabah and furudl and ashabah. The first inheritance section is said to be received by the father of 1/6 of the inheritance if the heir leaves the son or grandson of the son of the testator. The inheritance section with the ashabah street the father receives the remaining inheritance after being taken by other furudh heirs if the heir does not leave the child altogether, both male and female as well as grandson of the boy and granddaughter of the boys. While the third way, the father receives inheritance furudh and ashabah in one time if the heir leaves the daughter, because the existence of the father can menghijab all heirs other than children and mothers. The addition of furudh for the father, that is 1/3 of the estate and the abolition of the father's ashabah section if the heir does not leave the child or grandchild of the boy as defined in the KHI article 177 and the Supreme Court Circular Letter need to be studied further and analyzed from corner of the Law of Inheritance of Islam.