Pro Kontra ‘Aul Dalam Kewarisan Islam: Studi Komparatif Antara Pandangan Sunni dan Syiah

Bachri, Syabbul (2018) Pro Kontra ‘Aul Dalam Kewarisan Islam: Studi Komparatif Antara Pandangan Sunni dan Syiah. De Jure: Jurnal Hukum dan Syari'ah, 10 (2). pp. 49-60. ISSN 2085-1618

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Abstract

Inheritance receives great attention in Islam due to the existence of verses in the Koran which explains in detail the basic concept of it. Nevertheless, there are several problems which arise and aren't found ways to resolve them in the Koran and Hadith. Therefore, scholars took independent reasons (ijtihad) to solve the problems. Among these problems is the problem of excess portion of inheritance or lack of inheritance to be distributed to the heirs according to fard (Koranic portion). The purpose of this study is to explain how Sunni and Shi'a scholars solve the problem and explain what lies behind the views of both. This study is a comparative normative one with a qualitative approach. Primary data is taken from Sunnite and Shiite books. While secondary data comes from journal articles and books related to the topic of discussion. The results of the study showed that Sunniite resolved cases of property shortages by means of ‘aul that is by reducing the portion of the heirs equally. Whereas the Shiites opposed the concept with the excuse of the impossibility for Allah to determine fard to the heirs for assets that did not cover the portions.

Item Type: Journal Article
Keywords: 'Aul;Fard;Inheritance
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Syabbul Bachri
Date Deposited: 06 May 2019 06:12

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