KAJIAN TEORITIS HUKUM MAWARIS DI INDONESIA DALAM PERSPEKTIF HUKUM ISLAM DAN KOMPILASI HUKUM ISLAM (KHI)

Abstract

The transmission of Islamic teachings to Indonesia through Arab traders and merchants, as well as the role of the preaching guardian, helped regulate society regarding various aspects of sharia life, such as inheritance procedures. Inheritance according to Islamic law regulates the rules of inheritance, conditions and pillars of inheritance, heirs and the amount of inheritance received by heirs. Inheritance based on Islamic law originating from the Koran, Hadith, Ijma and Ijtihad, then developed in the lives of Indonesian people until the enactment of the Compilation of Islamic Law (KHI) as an application of Islamic law in Indonesia, including inheritance. In terms of the application of Islamic law and KHI, the community has a choice of law that can be applied in a civil matter between them, in this case the matter of inheritance in the civil sphere. In Islamic Law, it provides arrangements regarding inheritance to its adherents regarding the principles of inheritance, conditions and pillars of inheritance, and a classification of heirs regarding the rights, obligations and barriers to heirs to obtain inheritance which originates from verses of the Koran, hadith narrations. Rasulullah, ijma' and ijtihad, while in the Compilation of Islamic law in Indonesian society is a choice of law for the community related to the problem of inheritance of property which normatively should be a guideline for the Islamic community in Indonesia to submit to it.