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KEADILAN SEBAGAI LANDASAN HUKUM WAS{IYYAH AL-WA>JIBAH DALAM PERUNDANGAN ISLAM DI INDONESIA

Mukammil : Jurnal Kajian Keislaman

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Title KEADILAN SEBAGAI LANDASAN HUKUM WAS{IYYAH AL-WA>JIBAH DALAM PERUNDANGAN ISLAM DI INDONESIA
 
Creator Suraiya, Ratna
 
Subject justice, obligatory wasiat, inheritance
 
Description Abstract
The concept of ijtihad based on Islamic legal philosophy is often misunderstood as a model of wild ijtihad which is not based on legitimate principles of ijtihad. One of the legal products that are claimed as the result of ijtihad based on legal philosophy is the matter of the mandatory wills in the book of Compilation of Islamic Law (KHI) which gives the inheritance for adopted children and adoptive parents with the content of the testament is not more than one third of property. Whereas the mandatory mandatory is including the problem khila> fiyyah fiqhiyyah which was born from the existence of different interpretation of law between the law of inheritance of Islam with the law of wills. The concept of the mandatory wills presented by KHI is not the only product of ijtihad, which is allegedly new and philosophical, but it is a product of ijtihad some Islamic legislation in some Muslim countries such as Egypt and Syria. The concept of wills mandatory in the KHI provides valuable lessons for academics to develop the concept of ijtihad in other cases that require philosophical analysis and consideration of the cultural aspects of the Indonesian nation that have local wisdom that is different from the legal context in the classical fiqh.
 
Publisher Mukammil : Jurnal Kajian Keislaman
 
Date 2019-10-21
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier https://ejournal.alkhoziny.ac.id/index.php/mukammil/article/view/6
 
Source Mukammil : Jurnal Kajian Keislaman; Vol 1 No 1 (2018): Maret ; 33-56
2620-5122
 
Language eng
 
Relation https://ejournal.alkhoziny.ac.id/index.php/mukammil/article/view/6/3
 
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