Hak wasiat anak dalam kandungan perspektif hukum Islam

Auliya Ghazna Nizami (Yogyakarta State University)

Humanika : Kajian Ilmiah Mata Kuliah Umum
Vol 20, No 1 (2020): Humanika, Kajian Ilmiah Mata Kuliah Umum

This study discusses the waṣiya right of the fetus (janīn) in the context of Islamic law. Islamic law in this regard is the opinion of the most powerful jurists in the four best known sects (mażhab). Being something that is worth mentioning is due to the lack of human attention and the legality that surrounds it to the rights of janīn. This study aims to find out how Islamic law protects the rights of children in the content with the strongest opinions available. This research is a literature study by collecting data in classic jurisprudence books to find out the opinions and opinions of past jurists and other supporting articles, normative jurisprudence that seeks to extract values and norms from the opinions of classical jurists. or any of the arguments contained in the law, and uses a descriptive approach intended to illustrate in general the scope of Islamic law in relation to the rights of the janīn. This study of Islamic law produces the strongest opinions of any internal debate in a sect, and the most salient opinion of all mażhab on a waṣiya right of the janīn.