HUKUM WARIS HARTA HARAM (PANDANGAN TOKOH KOMISI FATWA MUI DI YOGYAKARTA DAN TOKOH MAJELIS TARJIH DAN TAJDID PIMPINAN PUSAT MUHAMMADIYAH)

Hajarul Aswad Panggabean, NIM.: 20103060001 (2024) HUKUM WARIS HARTA HARAM (PANDANGAN TOKOH KOMISI FATWA MUI DI YOGYAKARTA DAN TOKOH MAJELIS TARJIH DAN TAJDID PIMPINAN PUSAT MUHAMMADIYAH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Wealth is a very important aspect of human life. Allah forbids us to acquire and eat wealth from ways that are not in accordance with Islamic law, but not all Muslims use halal means to accumulate wealth. There is a lot of news circulating about people who accumulate wealth by unlawful means, such as stealing, robbing, buying and selling drugs, bribery and often we see state officials caught in corruption cases. One of them is the corruption case of Lukas Enembe who died before the trial was completed, then decided to receive a fine of 19 billion, while based on the prosecutor's indictment Lukas Enembe received bribes and gratuities worth Rp. 46.8 billion. The academic problem that arises is how Islamic law views the inheritance of illicit assets.While in the Islamic inheritance system there is no requirement that states that only halal assets may be inherited. To answer this problem, this research analyzes how the views of the leaders of the MUI Fatwa Commission in Yogyakarta together with the views of the Tarjih dan Tajdid Assembly of the Muhammadiyah Central Leadership regarding the law of inheritance of illicit property. The two institutions were chosen because they have a significant role in Indonesia. This research is a mixed research consisting of qualitative field and library research with a fiqh ushul fiqh approach. The analysis technique used is descriptive analysis using maqāṣid shari'ah theory. Based on the data that has been collected and analyzed, this research produces several findings. First, the views of MUI figures related to the law of inheritance of illegitimate property lizatihi are two figures do not allow and one other allows. Similarly, the law of inheritance of property lighairihi, two figures do not allow and one other allows. The views of Muhammadiyah Tarjih dan Tajdid Council figures related to the law of inheritance of illicit property lizatihi are two figures do not allow and one other allows. While the law of inheritance of property lighairihi, the three figures have the same opinion that does not allow it. Second, according to the opinion of the majority of figures from the two fatwa institutions that have been interviewed, it is concluded that forbidden property cannot be inherited. Third, the opinion of the figures from the two fatwa institutions that do not allow inheritance of forbidden property is in accordance with maqāṣid syarī‘ah hifẓ al-māl, hifẓ an-nafs, and hifẓ al-din. Meanwhile, the opinion that allows inheritance of forbidden property is in accordance with the maqāṣid syarī‘ah of hifẓ al-māl and hifẓ an-nafs.

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