KEWARISAN BEDA AGAMA DALAM KONTROVERSI MENURUT HUKUM ISLAM DI INDONESIA

Abstract

Abstract

Regarding inheritance from different religions according to Islamic law, there are differences of opinion. On the one hand, there are ulama who prohibit inheritance from people of different religions, and on the other hand there are ulama who allow inheritance from people of different religions. This happened because of differences in understanding of the hadith narrated by Usamah bin Zaid. Meanwhile, the inheritance of different religions contained in the Compilation of Islamic Law (KHI), according to Article 171 letter c of the Compilation of Islamic Law (KHI), clearly contains religious elements. The religious element in question is that those entitled to be heirs (those who are Muslim) must be Muslim (who have the same religion as the heir). So if the heir and heir are not of the same religion (usually the heir is a non-Muslim), then they will not inherit from each other or will not be heirs of the heir who is Muslim.

Based on the explanation above, two problem formulations emerge, namely (1) how controversy occurs in the inheritance of different religions in Indonesia, (2) why inheritance from different religions is prohibited. This research is library research, namely a study that uses a conceptual approach by examining the opinions of Islamic law experts regarding inheritance from different religions. The aim of this research is to find out the causes of the controversy over inheritance from different religions in Islam and the reasons why inheritance from different religions is prohibited in Indonesia. . The results obtained in this research are (1) understanding the controversy over the inheritance of different religions in Islam in Indonesia, (2) understanding the reasons for the prohibition of inheritance between different religions in Islam.

Keywords: Controversy, Inheritance from Different Religions, Inheritance Barriers