Kewarisan Beda Agama (Studi Pandangan Muaz bin Jabal)

Abstract

Genealogy relationship to every aspect of life is a link for� a� generation� to� the� next� one.� The� continuity� of� generation needs the preparation and supply, materially or immaterially, in order to be able to exist and survive. Al-Qur�an even suggested Moslem not to leave the weak generation. Therefore, genealogy relationship� was� believed� as� a� main� cause� of� inheritance transition from the dead to the heir. The problem appears when the Moslem has to bequeath to non Moslem. Al-Qur�an does not explain� it,� even� the� tradition� forbade� the� interreligious inheritance,� whereas� the� social� context� demands� to� treat� the other way. The dialectic between law and social demand became a big problem to the Islamic law of inheritance.� The problem� of interreligious� inheritance� appeared� when� the� relationship between� Moslem� and� non� Moslem� was� re-discussed� by� some social groups. Moreover, it became attention of Moslem thinkers since its formation, such as Mua? bin Jabal. His decision to share the� inheritance� from� Moslem� to� non� Moslem� is� an� innovation that is needed to appreciate. He braves� to find another way� by ignoring� the� textual� law� towards� the� contextual� law� without leaving the essence of shariah. Besides it is for human benefit, it is also for implementing uptodate Islamic law.