KONSEP PENERAPAN HUKUM KEWARISAN ISLAM NUSANTARA

Abstract

Property is always become a medium to maintain relationships among
human beings, both when alive and after death. When a person is alive,
his or her possessions can be used as media to maintain good relations
with others, as well as after death, abandoned property can still be
used to maintain that relationship. One of them is through the division
of inheritance.In Indonesia, although the provision of inheritance is
still largely in accordance with the general provisions that have been
formulated by the jurists, but for some people view the division of
jurists irrelevant to the situation and conditions of Indonesia, so that
some inheritance inheritance formulas are reconstructed as what has
been formulated in Compilation of Islamic Law, there are even
completely different due to the existing provisions.Hazairin, for
example, looks to be the case of a person who dies unlawfully, both
boy and girl. Hazarin distinguishes it in verses 12 and verse 176 surah
an Nisa. In verse 12, you are not with a child, but with your father.
Whereas in verse 176 the siblings are not with children and fathers. So
for Hazairin there is no difference between siblings, having the same
father and mother. Therefore, many of you at least in the two verses,
should be sought in other relationships. Likewise, the legal
reconstruction offered by Munawir Syadzali and Muhammad Syahrur
has been widely considered in the formulation of his inheritance law in
Indonesia, especially from academics and some judges in several
Religious Courts taking into consideration in every decision.