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25 J. Legal Ethical & Regul. Isses 1 (2022)

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Journal of Legal, Ethical and Regulatory Issues


        THE IMPLEMENTATION SYSTEM FOR THE
      DISTRIBUTION OF INHERITANCE TO MUSLIM

 COMMUNITIES IN INDONESIA IN THE PERSPECTIVE

                             OF   ISLAMIC LAW

                           Masut,  Diponegoro University
                       Agus  Sarono,   Diponegoro   University

                                     ABSTRACT

     Indonesia is a country where the majority of the population is Muslim, and has even
become  the country with the largest Muslim population. However, the majority of Muslim
communities in Indonesia in carrying out Islamic law, especially Islamic inheritance law, are not
so many. This is evidenced by the results of research from various academic circles who are
concerned about  Islamic inheritance law. Many Muslim  communities in Indonesia resolve
inheritance problems or carry out distribution of inheritance by using the customary law system
or by means of peace, deliberation and kinship. However, that does not mean that they do not
use Islamic law at all, because they continue to prioritize the values that exist in the Koran and
the Sunnah of the Prophet Muhammad, namely by prioritizing the values of justice, deliberation,
and in a peaceful way, in order to avoid conflicts in family.

Keywords:  Islamic Inheritance, Inheritance, Islamic law, Indonesia.

                                  INTRODUCTION

     The  issue of inheritance is very close and cannot be separated from the scope of human
life. Because every human being will definitely experience a legal event, if someone dies and
leaves property also leaves an heir. Of course, the inheritance or inheritance will be transferred
from the heir to the existing heir.
     Humans   in their journey experience three very important and basic events, namely the
event when he was born, the event he was married off, and the event when he died (Perangin,
1997).
     Every living thing will certainly die and no one knows when he will die, because the time
of death is one that is kept secret by Allah. The existence of a person's death is one of the causes
of inheritance law. Such matters concern the procedures for transferring property from the
deceased (heir) to the heirs. Inheritance inheritance is a part of the law that cannot be avoided.
Meanwhile  law is part of the basic and fundamental aspects of Islamic teachings (Munawar-
Rachman,  1995).
     In the Islamic perspective, inheritance is one part of fiqh (Islamic jurisprudence) or
provisions that must be obeyed by Muslims and serve as the basis and guidance in resolving the
problem  of the inheritance of someone who has died. Allah has determined the provisions

                                      1                               1544-0044-25-1-104

Citation Information: Masut. & Sarono, A. (2022). The implementation system for the distribution of inheritance to Muslim
                communities in Indonesia in the perspective of Islamic law. Journal of Legal, Ethical and Regulatory Issues,
                25(1), 1-11


Volume 25, Issue 1, 2022