FORMULASI PEMBAGIAN WARISAN ANTARA ANAK LAKI-LAKI DAN ANAK PEREMPUAN (STUDI PEMIKIRAN WAHBAH AZ-ZUHAILY DAN MUHAMMAD SYAHRUR)

Alda Kartika Yudha, NIM.: 1620311038 (2019) FORMULASI PEMBAGIAN WARISAN ANTARA ANAK LAKI-LAKI DAN ANAK PEREMPUAN (STUDI PEMIKIRAN WAHBAH AZ-ZUHAILY DAN MUHAMMAD SYAHRUR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Islam came and declared its defense of many things, including in terms of inheritance for women as stated in QS. an-Nisa (4): 11-12. Even so, gradually this defense is considered as an injustice because the division of inheritance in the Qur'an has the concept of 2: 1, where two parts for men and one part for women. Even in the realities that occur in our society, many have abandoned this 2: 1 concept and switch to use the concept 1: 1. In a study before 2006, the people of Yogyakarta, preferred to make a decision regarding the inheritance to the State Court rather than to the Religious Court. Other than that, the 81% of the Aceh people also ask the verdict to the State Court. In addition, many then distributed inheritance with a grant contract (hibah) with equal distribution before their death. Although the reality says that, but the theory and theorem say otherwise. Many scholars, including Wahbah az-Zuhaily, remained firm with the establishment of 2: 1, on the other hand, there were also those who tried to break down the status quo, as did Muhammad Syahrur. This study tries to answer about the problem of inheritance by comparing the thought of two figure. In this research the, author at least will answer the three main question, which are: 1) Why did there differ opinions between Wahbah az-Zuhaily and Muhammad Syahrur about the partition of inheritance for the sons and girls? 2) What is the method of legal discovery used by Wahabah az-Zuhaily and Muhammad Syahrur? 3) What is the relevance of the opinions of the two figures with the Islamic inheritance legal system in Indonesia? The type of this research is normative and also library research. So that the study materials used are books, journals, and magazines, etc, that are fit with this research. The author also tries to use comparisons of thought to find solutions for the real problems that occur in society. In this study, when author compared between the concept of the inheritance of Muhammad Syahrur which represents the thought of the inheritance 1:1 and the distribution of Wahbah az-Zuhaily which represents the thought of the inheritance 2: 1, one can conclude that the concept of 2: 1 is stronger in theory and the method but weak in reality that occur in our society, while the 1: 1 concept is stronger in the reality and application that occur in our society but weak in theorems and theories. In this study the author also tries to discuss a bit about taṣâluh, wasiah, and takhâruj as a middle way to mediate between naṣ and reality in terms of inheritance. As a writer to hope, this little effort, can provide an answer so that Islamic jurisprudence is not considered merely to fail in solving real problems in society that can lead to public distrust of Islamic jurisprudence and divinity which later becomes a society that does not believe in God.

Item Type: Thesis (Masters)
Additional Information: Pembimbing: Dr. H. Riyanta,L M. Hum.
Uncontrolled Keywords: Kewarisan Islam, Wahbah az-Zuhaily, Muhammad Syahrur
Subjects: Hukum Keluarga
Islam dan Pemikiran
Divisions: Fakultas Syariah dan Hukum > Hukum Islam (S-2) > Hukum Keluarga
Depositing User: Muh Khabib SIP.
Date Deposited: 15 Jul 2022 10:27
Last Modified: 15 Jul 2022 10:27
URI: http://digilib.uin-suka.ac.id/id/eprint/52050

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