Kontroversi Masalah Gharawain Dalam Waris Hukum Islam

Abstract

Gharawain is a particular case in Islamic inheritance. This case contradicts the basic principle of Islamic waaris, which states that men get twice the share of women, as regulated in QS an-Nisa:11. Regarding the gharawain case, not only Umar bin Khattab's opinion appeared, there were two other opinions, namely the opinion of Ibn Abbas and Ibn Sirrin. The purpose of the research in this paper is to find out (1) the differences of opinion regarding the inheritance in gharawain, (2) the legal basis of the above opinion. The theory used in this research is the theory of Creed or Shahadah. The method used in this research is the descriptive analysis method. The results showed that (1) Umar bin Khattab stated that the mother got 1/3 of the remainder, (2) Ibn Abbas stated that the mother got 1/3 of the property, and (3) Ibn Sirrin and Abu Thaur stated that if the heirs consist of husband, father and mother, then mother gets 1/3 of the remainder. If the heirs consist of a wife, father and mother, then the mother gets 1/3 of the property.

Keywords: Controversy, Gharawain, Waris