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Evolusi Hukum Waris dalam Perspektif Islam: Dari Masa Jahiliah Hingga Konsep Kewarisan Bilateral Hazairin

Introduction

Evolusi hukum waris dalam perspektif islam: dari masa jahiliah hingga konsep kewarisan bilateral hazairin. Jelajahi evolusi hukum waris Islam dari Jahiliah hingga konsep bilateral Hazairin. Bahas ketentuan Al-Qur'an, keadilan, dan adaptasi hukum waris keluarga dalam masyarakat modern.

Abstract

The Qur'an provides clear guidance on the matter of inheritance, as set forth in the Surah An-Nisa. The transfer of property from the deceased to the living in Islamic inheritance law is comprised of three elements: the heir, the inheritance, and the heirs. The scope of this research concerns the problem of the management and settlement of an estate, including the continuation of the rights and obligations of the deceased to the heirs left behind. This research will examine the development of inheritance arrangements in Islamic law. It will also examine the determination of Qath'i Ta'abbudi Inheritance, restrictions on Wasiat in Islamic Inheritance Law, the concept of justice in Islamic Inheritance Law and the Bilateral Inheritance Model in the perspective of Islamic Inheritance Law. This approach employs the philosophical tenets of Islamic family law to address contemporary concerns such as gender equality and the adaptation of family law in Islamic inheritance in modern society. This approach aims to explore the topic by aligning the main perspectives of Islamic inheritance in philosophy with related literature that supports a more comprehensive analysis. Furthermore, it seeks to comprehend the rationale, moral, and divine purpose behind the family law rules set out in the sharia. The settlement of the estate determines who is the heir, who is entitled to a share of the inheritance, how much their respective shares are, and how the provisions of the division of the inheritance are determined.

Review

The proposed paper, "Evolusi Hukum Waris dalam Perspektif Islam: Dari Masa Jahiliah Hingga Konsep Kewarisan Bilateral Hazairin," outlines an ambitious and timely exploration into the historical development and contemporary challenges of Islamic inheritance law. Beginning with the foundational guidance in Surah An-Nisa, the research sets out to examine the fundamental components of inheritance—the heir, the inheritance, and the heirs—and the intricate processes involved in estate management and settlement. The title itself promises a comprehensive historical trajectory, from the pre-Islamic era (Jahiliah) through to modern conceptualizations, exemplified by Hazairin's bilateral inheritance model, thereby indicating a broad scope that encompasses both classical interpretations and their modern adaptations. The abstract details several key areas of investigation, including the determination of Qath'i Ta'abbudi Inheritance, restrictions on Wasiat, the concept of justice within Islamic inheritance, and a specific focus on the Bilateral Inheritance Model. A significant strength of this proposal lies in its commitment to addressing contemporary concerns such as gender equality and the adaptation of family law in modern society, employing a philosophical approach rooted in Islamic family law tenets. The stated aim to align main perspectives with supporting literature for a comprehensive analysis, alongside an endeavor to comprehend the rationale, moral, and divine purposes behind Sharia's family law rules, suggests a deep and thoughtful engagement with the subject matter. The paper also correctly identifies the practical outcome of inheritance law: determining heirs, their respective shares, and the procedures for division. While the proposed scope is commendably broad and intellectually stimulating, its very ambition necessitates careful execution to ensure depth and coherence. The abstract presents a rich menu of topics, but a clearer articulation of the central thesis or the primary argument that binds this extensive "evolution" (from Jahiliah to Hazairin, encompassing gender equality and modern adaptation) would strengthen the paper significantly. Reviewers would benefit from a more explicit outline of the methodology beyond "philosophical tenets" and "aligning perspectives," particularly how this approach will synthesize the diverse historical, legal, and contemporary issues into a cohesive and novel contribution. Ensuring a robust analytical bridge between the historical context and modern applications, especially Hazairin's concept, will be crucial. The success of this research will hinge on its ability to transcend a mere descriptive overview and offer incisive analysis and critical insights into the dynamic interplay between Islamic inheritance principles and the demands of contemporary societies.

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