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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Yurisprudentia: Jurnal Hukum Ekonomi
Sumper Mulia Harahap
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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PERSPEKTIF PEMIKIRAN EMPAT MADZHAB TERKAIT PEMBUNUHAN SEBAGAI PENGHALANG MENDAPATKAN HARTA WARISAN Sumper Mulia Harahap
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 8, No 2 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v8i2.7634

Abstract

The division of inheritance in Islamic teachings is regulated very clearly and in detail. Each heir has rights and shares them with his parents or relatives who have died. This section is regulated in the Qur'an and Sunnah with clear explanations and mention of numbers. However, an heir may lose his inheritance rights in certain cases. One way is to kill the heir. This article will describe and analyze murder as a barrier to inheritance in terms of four schools of thought. This type of research is a literature study, namely by tracing many books and other scientific works which explain the opinion of the madhab imam regarding murder as a barrier to inheritance. All the found data were analyzed descriptively using the ijtihad approach of each madhhab priest. The results of the study explain that the opinion of Imam Shafi'i regarding murder as a barrier to obtaining inheritance is more widely used by scholars. He thinks that all types of murder, qotlu al-'amd (intentional), qotlu syibhu al-'amd (resembling intentional), qotlu al-khotho' (wrong) and qotlu al-haq (true/legal) are obstacles in obtaining property. inheritance.
ANALISIS HUKUM ISLAM TERKAIT AKAD TABARRU’ PADA TRADISI MARPEGE-PEGE DI DESA TORBANUA RAJA MANDAILING NATAL Sumper Mulia Harahap; Raja Ritonga; Siti Rohimah
Yurisprudentia: Jurnal Hukum Ekonomi Vol 8, No 2 (2022)
Publisher : Institut agama islam negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/yurisprudentia.v8i2.7641

Abstract

The marpege-pege tradition is one of the customs carried out by the people of Torbanua Raja Village in Mandailing Natal Regency. This activity provides financial assistance to people who will carry out the marriage. However, these activities are identical to accounts payable. This means that the person being helped must return the money given to him by another person at another time. This research will describe and analyze the tabarru contract in the marpege-pege tradition carried out by the people of Torbanua Raja village in Mandailing Natal Regency. This type of research is a qualitative type with the form of field studies. In collecting data, researchers conducted observations and interviews. Furthermore, the findings of the data were analyzed descriptively analytic. In conclusion, the tabarru' contract in the marpege-pege tradition carried out by the people of Torbanua Raja village in Mandailing Natal Regency is not completely ideal for a tabarru' contract. This is because in practice, the community still expects a return of money that has been given to other people when they marpege-pege.
Co-Authors Raja Ritonga Siti Rohimah