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All Journal Maqasid: Jurnal Studi Hukum Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
Himam, Achmad Samil
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Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences

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Kontroversi Praktik Pembagian Waris Pra-Kematian Dalam Perspektif Fiqih Kontemporer Yasin, Ahmad Alamuddin; Himam, Achmad Samil
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26385

Abstract

This research aims to analyze the factors influencing changes in understanding and perception of pre-death inheritance practices and their implications on the laws of inheritance ownership according to Sharia principles. A case study method is employed to explore pre-death inheritance practices in Muslim families. Primary data are obtained from families practicing such methods, while secondary data are sourced from literature and books. Data collection techniques involve non-participatory observation, structured interviews, and literature review. The data analysis process entails reduction, validation, and critical literature review to identify patterns and key issues. In conclusion, not everything considered as inheritance by society can be deemed as such according to Sharia. Assets are divided into two categories: assets relinquished before the death of the deceased, which can be considered as gifts or endowments to heirs, and assets that can be controlled after the death of the deceased, subject to circumstances. Assets predetermined before death can be considered as testamentary arrangements if their proportions differ from Islamic inheritance laws. If the testamentary assets are less than one-third of the undesignated remaining assets, they can be accepted by the designated recipients without reducing their share of inheritance. However, if they exceed one-third of the inheritance, consent from other heirs is required. If any heir dissents, the testamentary arrangement is nullified, and all assets are treated as inheritance. Transactions in the distribution of assets are in accordance with Sharia and can be explained through Sharia-compliant agreements. However, it is crucial to scrutinize the transaction process to ensure the accuracy of the agreements and avoid misclassification of assets.
Practice of Pre-Death Property Distribution among Muslim Communities in Cirebon from the Perspective of Islamic Law and Legal System Setyawan, Edy; Yasin, Ahmad Alamuddin; Himam, Achmad Samil
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 3 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v9.i3.26628

Abstract

 In Islam, the division of wealth refers to the process of transferring ownership of assets from the owner to specific recipients, either with specific portions or without division. Although wealth distribution typically occurs after the death of the owner, there are practices where distribution takes place before death. This research aims to analyze the patterns of pre-death wealth distribution within community families in Cirebon, as well as the perspectives of heirs on such practices and their implications on property ownership laws according to Islamic principles and other legal systems. The research methodology employed is qualitative, using a case study approach to explore pre-death wealth distribution practices among community families in Cirebon. The legal system framework theorized by Lawrence Friedman, including legal structure, legal substance, and legal culture, serves as the approach and perspective in this study. The research findings indicate that the legal structure within these families involves the owner distributing wealth to heirs according to local traditions. The legal substance involved in this distribution is inheritance division, although from an Islamic law perspective, such distribution may be considered as gifts or bequests. The legal culture of pre-death wealth distribution is influenced by various factors, including efforts to prevent conflicts among heirs after the death of their parents. Despite being categorized as gifts or bequests in Islamic law, this system of wealth distribution is seen as a solution to avoid disputes in wealth distribution among Muslim communities in Cirebon.
Co-Authors Edy Setyawan Yasin, Ahmad Alamuddin