"http://www.w3.org/TR/xhtml1/DTD/xhtml1-transitional.dtd"> Rethinking Konsep Nasakh dan Penerapannya dalam Indonesia Hukum Waris di Indonesia | Tobroni | Al-Mawarid

Rethinking Konsep Nasakh dan Penerapannya dalam Indonesia Hukum Waris di Indonesia

Faiq Tobroni

Abstract


This article investigates the impact of using the concept of 'ulumul istimbat Koran against the law, one of which is the impact of the implementation of paragraph testament abrogates heritage. Those who agree that the estate has abrogated paragraph will argue that the division of inheritance through a will is no longer valid because it had been established by legal procedure heritage. Permissibility will only apply to parts that will be given to people outside the family. Abrogation between verses of the Quran is also supported by a hadis of the Prophet that prohibits giving testament to the beneficiary. However, those who do not agree that paragraph legacy has abrogated paragraph will argue that the ordinance of the division of inheritance through a will still remain valid. regarding the above hadis prophet soon get the analysis that aim to avoid an heir to inherit the double (according to the science part faraid / fiqh mawaris and parts will fit the sound). Meanwhile, if the division of inheritance is only through a single procedure (bequest division of inheritance), then nothing will get the double.


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