REFORMING THE DISTRIBUTION AND SETTLEMENT OF MIRATSUT TAQDIRI'S HEISTS IN ISLAMIC INSTRUCTION LAW

Abstract

The Qur'an in Surah An-Nisa verse 7 stipulates that men and women have the same rights to the inheritance of their parents (mother and father and their closest family). Those who get the inheritance there are those who get a lot and some are little based on the assigned share. This verse stipulates that men and women can inherit with the same designation in the form of a male share and a female share, namely in the form of an inheritance from what is left by their parents and relatives. There are no problems for heirs whose existence is real, their gender is known, male or female (not effeminate/khuntsa) and not in the mother's womb, and is not lost (mafqud) for the distribution of inheritance because there are strict legal provisions , clear, and detailed in the Qur'an and if there is no further regulated by the authentic Hadith of the Prophet.

The problem is that if there are heirs, the division of inheritance is still unclear and not explained in the provisions of the Shari'a regarding their distribution, then this is included in the Miratsut Taqdiri group of heirs, namely the inheritance share is obtained by calculating the estimates of two possibilities. There is no compilation of Islamic Law as the legal basis for Islamic Inheritance in Indonesia that contains discussion and distribution for the Miratsut Taqdiri group.

The findings of this legal research regarding the concept of division and dispute resolution of heirs who are included in the Miratsut Taqdiri group of heirs on the legal provisions of Faraidh by finding the concept of distribution and settlement procedures are expected to help the drafting team and the drafting of laws and regulations containing provisions for the distribution of inheritance for the Miratsut Taqdiri group. One of them is included in the draft formulation of the Compilation of Islamic Law which will be revised. The Compilation of Islamic Law, which is only stipulated through a Presidential Instruction, should be re-arranged in the form of a law as a basis for reference for judges of the Religious Courts to issue decisions on Islamic inheritance cases.