Detail Karya Ilmiah

  • PENYELESAIAN SENGKETA WARIS YANG MELIBATKAN AHLI WARIS DZAWIL ARHAM
    Penulis : Hasan Yafiie
    Dosen Pembimbing I : Indah Purbasari SH., LLM
    Dosen Pembimbing II :-
    Abstraksi

    This research analyzed three Syariah Court Decisions concerning the legal status of the h eir of dzawil arham. Syariah Court of Bangkalan and Syariah Appeal Court of Mataram decided not to give the asset to the heir of dzawil arham. On the contary, the judges in the case of inherita nce involved the heir of dzawil arham, examined in Syariah Appeal Court of Surabaya and Syari ah Appeal Court of Semarang, decided to give the asset to the heir of dzawil arha. They argued t hat if there was no existence of the heir of dzawil furud and ashabah, the rest of asset was given t o the heir of dzawil arham. It appeared the legal issue toward the legal status of the heir of dzawil arham because its rule and its portion were not definitely stipulated in Quran and Compilation o f Islamic Law. Therefore, the purpose of this research was to analyze the legal status of the heir o f dzawil arham in case of inheritance dispute settlement. The problem was examined by using pu re legal research method and case approach on the three Court Judgments. The result of this rese arch showed that the legal status of the heir ofdzawil arham varies according to Islamic School o f Law. It causes the difference interpretation in the judges’ decisions of the Syariah Court, such a s in those three decisions. Meanwhile, in Compilation of Islamic Law classifies the heir which co nsisted of dzawil furud, ashabah and mawali, but dzawil arham is not involved in those classifica tions. Thus, the legal status of heir of dzawil arham needs to be examined wheather it can be cate gorized as the heir or not in order to have the clear of its legal status. Based on the analysis of the three decisions, it can be concluded that the decision of the Syariah Court of Bangkalan and Sya riah Appeal Court of Mataram which decided not to give the rest of the asset to the heir of dzawil arham are valid according to Al-Quran and Compilation of Islamic Law.

    Abstraction

    This research analyzed three Syariah Court Decisions concerning the legal status of the h eir of dzawil arham. Syariah Court of Bangkalan and Syariah Appeal Court of Mataram decided not to give the asset to the heir of dzawil arham. On the contary, the judges in the case of inherita nce involved the heir of dzawil arham, examined in Syariah Appeal Court of Surabaya and Syari ah Appeal Court of Semarang, decided to give the asset to the heir of dzawil arha. They argued t hat if there was no existence of the heir of dzawil furud and ashabah, the rest of asset was given t o the heir of dzawil arham. It appeared the legal issue toward the legal status of the heir of dzawil arham because its rule and its portion were not definitely stipulated in Quran and Compilation o f Islamic Law. Therefore, the purpose of this research was to analyze the legal status of the heir o f dzawil arham in case of inheritance dispute settlement. The problem was examined by using pu re legal research method and case approach on the three Court Judgments. The result of this rese arch showed that the legal status of the heir ofdzawil arham varies according to Islamic School o f Law. It causes the difference interpretation in the judges’ decisions of the Syariah Court, such a s in those three decisions. Meanwhile, in Compilation of Islamic Law classifies the heir which co nsisted of dzawil furud, ashabah and mawali, but dzawil arham is not involved in those classifica tions. Thus, the legal status of heir of dzawil arham needs to be examined wheather it can be cate gorized as the heir or not in order to have the clear of its legal status. Based on the analysis of the three decisions, it can be concluded that the decision of the Syariah Court of Bangkalan and Sya riah Appeal Court of Mataram which decided not to give the rest of the asset to the heir of dzawil arham are valid according to Al-Quran and Compilation of Islamic Law.

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