FITNAH SEBAGAI PENGHALANG KEWARISAN MENURUT PENDAPAT MAHASISWA MA’HAD ALY KRAPYAK : TINJAUAN TERHADAP KETENTUAN PASAL 173 B KOMPILASI HUKUM ISLAM

Afra Hikmatul Maulida, NIM.: 18103050038 (2022) FITNAH SEBAGAI PENGHALANG KEWARISAN MENURUT PENDAPAT MAHASISWA MA’HAD ALY KRAPYAK : TINJAUAN TERHADAP KETENTUAN PASAL 173 B KOMPILASI HUKUM ISLAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In living in the world, humans encounter many problems, and solutions to these problems are needed. Therefore, regulations are needed so that every problem can be solved. One of the crucial problems in the world is the problem of inheritance since this problem can cause struggles, strife, friction, and even hostility. Therefore, laws are made to regulate inheritance issues. One of them is the existence of Article 173 of KHI which regulates people who are hindered from their inheritance rights. In practice, this can lead to misunderstandings because there is no explanation regarding the explanation of Article 173 b of the KHI. This research aimed to find out how the opinion of Ma'had Aly Krapyak students in seeing this provision and how Islamic law reviews the opinions expressed. The research method used was the normative juridical method, which is a method that analyzes problems based on legal norms which in this case were Islamic legal norms. The results of this research concluded that there were two different opinions from the student of Ma'had Aly Krapyak related to this article. Opinions that agree with the terms stated that these provisions were in accordance with the rules of Islamic law, in accordance with maqashid shari'ah which used several legal istinbath methods and articles. This was still relevant to the current state of Indonesia. Disagree opinion stated that this provision has no basis in Islamic law. This article adopted the provisions from Burgerlijk Wetboek Article 838 where the provision was made by the Dutch government at the time which incidentally was not Muslim.

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