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PROBLEMS IN THE APPLICATION OF ISLAMIC INHERITANCE
LAW
Abstract
Inheritance law is also part of Islamic law which plays an important role in Islamic law
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Inheritance law is a provision that regulates property
matters, if it is not regulated in detail it will result in very fatal disputes within the family
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It can be concluded from this writing that to change the principles, the method taken
is simply by changing the sound of article 185 and simply stating it in one paragraph which
reads: The heir who dies before the heir, then his position is replaced by his child, except
for those who in article 173
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Keywords: Inheritance Law; Islamic law; Heir
Introduction
Inheritance law is a rule to regulate the transfer of property rights or the distribution
of inheritance from the testator to the heirs
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This can be seen in the verses of the Qur'an
which regulate the causes of inheritance problems experienced by each person
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Islamic inheritance law, the most dominant one adopted
in Indonesia is the teachings of Ahlus Sunnah Wal Jama'ah from the Syafii School, applies
to Indonesians who are Muslim
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An-Nisa letter verses 11-12: This verse explains the distribution of inheritance
to 12 heirs, including men and women, with different proportions
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Surah Al-Baqarah verse 240: This verse explains the inheritance rights of daughters and
biological mothers
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This is proven
by the inheritance that occurred in the pre-Islamic era based on the traditions and customs
of the Arab nation during the Jahiliyah era
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Second, through adoption
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First, the customary inheritance law system, the customary inheritance law system
in Indonesia is influenced by the principle of kinship
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Pitlo stated that inheritance law
is a collection of regulations that regulate the law regarding wealth due to a person's death,
namely regarding the transfer of wealth left by the deceased and the consequences of the
relationship between them and them, as well as in the relationship between them and third
parties (Pitlo: 1986)
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(2015)
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Prenada Media
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Third, the Islamic inheritance law system, Islamic inheritance law is the values of
the Islamic religion that have been believed by its people, then used as a life system to
regulate relationships between humans, which then becomes the inheritance law system
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The many inheritance law systems are an indicator that society needs/requires
information, knowledge of inheritance law and protection of inheritance rights as heirs
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Considering that
there are three types of inheritance law systems, namely western civil, customary, and
Islamic, the service that will be carried out in Tanjung Duren Utara Village, Grogol
Petamburan District, West Jakarta Administrative City, is more specific in the Regulation
of the Inheritance System in National Law and Its Implementation
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2

Problem Formulation
How to handle differences in interpretation of Islamic inheritance law among scholars and
society which usually result in conflict and legal uncertainty, How to overcome the
incompatibility of Islamic inheritance law with social changes, such as changing family
structures and changes in economic life patterns
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2

Hum, M
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A
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(2022)
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Prenada
Media
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As part of religious law, inheritance law is regulated in the Qur'an and Hadith
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This certainly provides an opportunity for humans
to explore and interpret the texts of these texts based on human reason
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Islamic inheritance law is one of the many most important Islamic laws
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"According to the Compilation of Islamic Law, inheritance
law is the law that regulates the transfer of ownership rights of the inheritance (tirkah) of
the testator, determining who is entitled to be an heir and how much each portion is
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Therefore, the
preparation of its rules must be based on the same source as the other aspects of Islamic
teachings
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3
The object of Islamic family law study, according to Atho Mudzhar, if analogized
as Islamic studies, can be grouped into two, namely religion and religious
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While religious studies are identical to practical studies
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It may also
study the works of scholars, fiqh, fatwas and interpretations
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In court, it can study judges, lawyers, peacemakers
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Tools related to family law; dowry, wedding attire
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, & Khisni, A
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PERKEMBANGAN HUKUM KEWARISAN ISLAM DI
INDONESIA (Studi Perbandingan Hukum Kewarisan Dalam Kompilasi Hukum Islam Dengan Hukum
Kewarisan Dalam Fiqih Konvensional)
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Religious Courts, High Religious Courts, to the Supreme Court
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The crisis of Islamic scientific methodology, which stems from the lack of
empirical dimensions and the absence of comprehensive systematization, is recognized by
Muslim thinkers as requiring immediate intellectual therapy
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This
is because the methods and approaches of modern social sciences are also experiencing an
epistemological crisis that is no less acute
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4
Substitute heirs in inheritance law are those who die and leave behind grandchildren
whose parents died first
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Substitute heirs should take the same share as the person who was
replaced
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The Compilation of Islamic Law which contains family law for Muslims, to a small
extent, still raises pros and cons
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2) The portion of the substitute heir may not exceed the portion of the heir who is of
equal standing with the one who was replaced
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In fact, it is further understood that the
provisions of Article 185 of the KHI are a breakthrough in the institutionalization of
grandchildren's rights to the father's inheritance if the father dies before the grandfather
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, & Basrun, C
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Perubahan Sosial di Indonesia: Tradisi Akomodasi dan Modernisasi
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Another proof that so far in the Islamic inheritance distribution system in general,
granddaughters cannot replace their mothers if there are sons
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The formulation of Article 185 paragraph (1) which uses the phrase “can be
replaced” raises uncertainty about the emergence of a replacement heir
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Regarding the tentative nature
of Article 185, according to Raihan A
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This means that the application of the provisions on the replacement of heirs is casuistic,
so that the judge's function is very decisive in determining whether or not the heir can be
replaced
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Raihan's opinion was criticized by Ahmad Zahari who
said that such an opinion was discriminatory and unfair
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The tentative nature of Article 185 according to Ahmad Zahari, must be
interpreted not as being suspended on the judge's consideration, but rather on the will of
the replacement heir, whether he will place the position that has been provided or not
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, Syamsuddin, S
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(2015)
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Al-Mashlahah Jurnal Hukum Islam dan Pranata Sosial, 3(06)
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According to Raihan, this reason is very logical, especially if the economic condition is
concerning
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According to him, granting rights to
substitute heirs is a depiction of the phenomenon of injustice that occurs in society, so it is
appropriate if grandchildren are given a portion of their grandfather or grandmother's
inheritance
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If the granting
of inheritance rights was based on economic factors, of course the Qur'an would limit the
granting of inheritance rights only to heirs who are economically weak, while heirs who
are economically strong do not need to be given rights, but in reality the Qur'an does not
stipulate this
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Even though the testator's parents are very rich, while the testator's
children are very poor, the Qur'an has stipulated rights for the testator's parents
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This proves that the Qur'an in determining the
granting of inheritance rights to someone is not dependent on economic conditions, but is
based on their position as a member of the family
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Another
problem resulting from the tentative nature of the rules for substitute heirs is that it can
cause inconsistency in the position of the substitute heir when he has two positions
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Then the use of social sciences in Islamic studies has also long
been encouraged by Islamic intellectuals, especially those related to the social and
humanities fields
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The concept and application of the Islamization of science are then
widely accommodated by Islamic educational institutions and universities, including in

Indonesia
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An ideal rule is whether or not there are provisions that invite multiple
interpretations so that legal certainty can be obtained and justice can be realized
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The intended
change is to change the tentative nature of the replacement of heirs to an imperative nature
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In addition, the scope of the replacement
of the heir must include the legal line downwards and sideways
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Before the wording of the article is
changed, it is hoped that the Supreme Court can issue a circular for that
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A
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(2021)
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El-Usrah: Jurnal Hukum Keluarga, 4(1), 138-152
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H
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Model Penafsiran Hukum Ibnu Katsir
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Fakhyadi, D
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Patriarkisme Hukum Kewarisan Islam: Kritik Hukum Waris Islam
dan Kompilasi Hukum Islam
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Adam, K
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, & Katmono, K
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Kritik Pasal Dalam Kompilasi Hukum
Islam Tentang Warisan
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Musa, M
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Ahli Waris Pengganti Dalam Tinjauan Kompilasi Hukum Islam Dan
Hukum Perdata
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Thalib, S
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Hukum Kewarisan Islam di Indonesia (Edisi Revisi)
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Kharlie, A
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, & SH, M
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Kodifikasi hukum keluarga islam kontemporer:
Pembaruan, pendekatan, dan elastisitas penerapan hukum
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