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jrp-widyakarya - Jurnal Relasi Publik - Vol. 1 Issue. 4 (2023)

Kedudukan ?awil Ar??m Pada Warisan dalam Perspektif Hukum Islam

Gustina Harahap,



Abstract

This research aims to determine the heirs in the ?awil ar??m group according to Islamic law. And to find out the position of ?awil ar??m in inheritance from the perspective of Islamic law. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, the results of studies related to the research to be carried out. Literature study can be likened to a key that will open everything that can help solve research problems. The results of the research show that the heirs in the ?awil ar??m group are (1) maternal grandfather, (2) every grandfather or grandmother who dies gets an inheritance, (3) grandchildren from the daughter's side, (4) daughters from the brother's side. son, (5) Sister's son, (6) Mother's brother's son, (7) Mother's uncle, (8) Uncle's daughter, (9) Father's aunt (father's sister), ( 10) Maternal uncles and aunts (mother's brothers and sisters). This is explained by Imam Nawawi in the book Raudhatut Thâlibîn, and Wahbah Zuhaili in the book al-Fiqhul Islam wa Adillatuhu. Meanwhile, according to the Malik and Syafi'i schools of thought, dzawil arham does not inherit. If someone dies without leaving dzawil furudh or ashabah, while he has ?awil ar??m, then tirkah is given to Baitul mal. Because in the verses Mawaris only explains the ashabul furudh and ashabah parts. Allah does not mention the ?awil ar??m part at all. Meanwhile, Abu Hanifah and Ahmad are of the opinion that ?awil ar??m was given a will based on the word of Allah SWT, Surah Al-Ahzab verse 6. And the position of ?awil ar??m in inheritance is as a non-permanent heir (outside of fardhu and ashobah experts), and as a place to resolve inheritance problems when there are no fardhu and ashobah experts. And those who do not make the dzawil arham an irregular heir, then the settlement is through radd to the ?awil furudh which takes precedence over the inheritance of the ?awil ar??m, but they inherit together with the person who does not get the radd, namely husband and wife.
 
 







DOI :


Sitasi :

0

PISSN :

2986-4410

EISSN :

2986-3252

Date.Create Crossref:

14-Mar-2025

Date.Issue :

27-Nov-2023

Date.Publish :

27-Nov-2023

Date.PublishOnline :

27-Nov-2023



PDF File :

Resource :

Open

License :

https://creativecommons.org/licenses/by-sa/4.0