Perbandingan penerapan konsep kalalah dalam pemikiran hukum waris Islam

Bachri, Syabbul (2022) Perbandingan penerapan konsep kalalah dalam pemikiran hukum waris Islam. At-Turāṡ: Jurnal Studi Keislaman, 9 (1). pp. 122-141. ISSN 2460-1063

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This study aimed to comprehensively describe the thoughts associated with the concept of kalalah in Islamic inheritance and compare the application of the concept. This study was normative juridical research with conceptual and comparative approaches. The results showed that brothers/sisters could only inherit property if the heir died in a state of kalalah. Kalalah is defined as a person who dies without children and parents, except for Hazairin who states that he has no children or descendants. Differences related to the concept of kalalah were not only related to the definition of children and parents, but also to the understanding of brothers/sisters. Jumhur ulama of Sunnite, Shia, and Islamic Law compilation (ILC) classify brothers/sisters into full, uterine, and consanguine ones. Meanwhile, Hazairin and Syahrur only mentioned relatives in general without classifying the types of brothers. Jumhur ulama in relation to uterine brothers, children are defined as son and daughter, while the parents were defined as the father and paternal grandfather. Furthermore, in relation to the share of full and consanguine brothers, the child was defined as the son, and the parent was defined as a father. ILC stipulated that children (boys/girls), and father exclude all types of brothers to inherit. For Shiah, brothers/sisters could be hindered by children in general, father and mother.

Item Type: Journal Article
Keywords: Kalalah; Brothers; Children; Parents
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012816 Mawaris (Inheritance)
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Syabbul Bachri
Date Deposited: 12 Jul 2022 18:40


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