Kontroversi Waris Saudara dalam Islam dan Dampaknya bagi Pembaharuan Hukum Waris Islam di Indonesia

Abstract

The aim of this research is to uncover the causes of controversy regarding sibling inheritance from an Islamic legal perspective and its impact on the reform of Islamic law, especially regarding inheritance. The controversy is caused by differences in interpretation of the two verses that are used as the basis regarding sibling inheritance as stated in the 4th letter of the Qur'an, namely verse 12 and verse 176. These two verses do discuss sibling inheritance, but the size of the share of sibling inheritance is different. between what is discussed in verse 12 and what is contained in verse 176 of Surah an-Nisa. This is what causes controversy in terms of sibling inheritance.  Differences occurred between Jumhur and Hazairin based on Ibn Abbas's opinion. Jumhur interprets verse 12 with siblings from the same mother, while verse 176 is interpreted with siblings from the same sibling or the same father. Meanwhile, Ibn Abbas did not differentiate between siblings, father or mother. According to him, the reason for the difference in inheritance between verses 12 and 176 of Surah an-Nisa is the meaning of kalalah. Kalalah in verse 12 is someone who dies without children and father. Meanwhile, verse 176, kalalah means someone dies without children. According to Ibnu Abbas, this difference causes differences in the share of brothers' inheritance in the two verses mentioned above. In this case the KHI is in accordance with the opinion of the majority of ulama, as contained in articles 181 and 182 of the KHI. This is inversely proportional to what is contained in the technical instructions for judges at the Religious Courts, which actually take Hazairin's opinion.