KEWARISAN PRODUKTIF: KONSEPSI MODEL KEWARISAN ISLAM DI INDONESIA

RAHMAT YUDISTIAWAN, NIM: 1520310058 (2020) KEWARISAN PRODUKTIF: KONSEPSI MODEL KEWARISAN ISLAM DI INDONESIA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Inheritance law, studied from Islamic history has been gradually changing and integrating into a society culture. It is formed in the Qur’an verses as the Islamic guidance. There are many verses in Qur’an that specifically define about inheritance concept. The most important dogma from the concept is how to calculate the portions to each heir. Some of the verses are strictly decisive so there is no need to be interpreted. These verses, as called as Nash, implicitly contained about inheritance concept. On the other hand, Indonesia itself has also typical cultural concept of inheritance that has been hereditary practiced since the age of ancestor life. Indifferent attitude towards this gap cannot be accepted. Considering the prevention of the crash between the theory and the empirical situation, as mentioned. The author finally found out more objective and dynamic answer by reexamining the verses I had read from Qur’an verses and drilling it through the new concept from Ahmad Rajafi namely productive inheritance. Since the main issue of the writing is the discrepancy between theory and fact, it is important to be deeply and watchfully searched. Is the concept of inheritance from Ahmad Rajafi relevant? Can it simply be accepted towards Indonesian inheritance concept? The thought of productive inheritance is unreliable until it is examined. As the first conceptor, Rajafi has only formulated the idea by observing the Nash and integrated them into a culture system not yet passing the material test of the relevance of Indonesian typical inheritance. However, the concept of productive inheritance must be examined since it is aimed to be the applicable solution amongst the society. Therefore, by the way of the library research, the concept will be sharply analyzed through legal system approach, sociologically implementation and economically empowering distribution. To figure out how Qur’an can be responsive towards the Indonesian traditional culture is by understanding that Qur’an is inseparable part from human life moreover the cultural society. Qur’an rules that the allocation of inheritance must not be based on the carnality of controlling inheritance, influencing each other, talking about sacred and profane, nor about superiority and inferiority. Qur’an regulates that the inheritance system must be natural and equal. It must naturally supports the allocation inheritance system that happens in traditional society. In the future, there is no more forced adaptation when it comes to solve one’s inheritance between religious and traditional method. Both methods must work hand in hand with one another. To conclude, the legal verses are processed by taghyir, tahmil and tahrim. Inherintance law processed by taghyir. Tahgyir means experiencing change from one era to the next era and from one place to another. Therefore, we cannot stop reading, learning and discussing the verses as well as in Indonesia, which country the inheritance law rapidly develops and changes. Productive Inheritance is one of the responsive products that may solve the inheritance law issue in Indonesia.

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