BEDA AGAMA SEBAB PENGHALANG MEWARISI DALAM TINJAUAN TEORI KEADILAN JOHN RAWLS

Pinta Zumrotul Izzah, S.H.I, NIM.: 1520310084 (2020) BEDA AGAMA SEBAB PENGHALANG MEWARISI DALAM TINJAUAN TEORI KEADILAN JOHN RAWLS. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Justice is one of the purposes of the establishment of the law, in other words the value that must be the purpose of every rule made.There is no exception to the rule of law that contains Islamic inheritance, in practice islamic inheritance law is still often found to be a difference of views so that it becomes the cause of the inerealization of a justice.One of the material of Islamic nationality in Indonesia that is still often debated is the inherition of people of different religions.In the hadith clearly the Messenger of Allaah explained that Muslims cannot inherit against non- Muslims as well as vice versa, but looking at the condition of this plural Indonesian society, is there no specific formulation that can accommodate the transfer of inheritance inheritance to people of different religions who notabene have blood ties but because of religious differences then he is hindered his rights.Looking at the existing problems spurred the author to discuss how the concept of justice in islamic inheritance law by comparing with the values of the concept of contemporary justice.With the aim of seeing its relevance so as to be able to find the expected justice as a solution addressing the inheritance different religions taking into account justice. Looking at the issue, the authors try to study philosophically to discover how islamic inheritance law in Indonesia in this case is included in the Compilation of Islamic Law (KHI) to shape the concept of justice and see the perspective of justice offered by John Rawls through library research. The study concluded that the concept of justice formed in KHI consists of four elements of justice, namely metaphysical justice, anthropological justice, gender justice and legal justice.The four justices were arranged for the benefit of the people without deviating from the provisions of Islamic sharia.Justice can be achieved if in accordance with the provision stipulated in the nash and hadith that also accommodates the needs of the burdened community to carry out the law.In practice, there are compromises regarding the inheritance of different religions, where religious courts give different religious people the opportunity to obtain a share of the inheritance, but this is still just a personal interpretation, there is no standard rule that becomes the umbrella of the law.Seeing that, of course, the law has not been able to guarantee justice for the material.If you look at the concept of justice instiled by John Rawls, it signals that because of the conditions of people of different religions, he cannot get his share as when he is Muslim.The condition that brings unluckyness, according to John Rawls is not a reason to ignore his rights, so the unfortunate condition must be accommodated even in different ways, but his rights as a child or parent of different religions remain fulfilled so as to realize justice and wholeness of the family.

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