HIKMATUNA: Journal for Integrative Islamic Studies
Vol 7 No 2 (2021): Hikmatuna: Journal for Integrative Islamic Studies, December 2021

The Justice Dimensions in the Provision of Al-'Awl on Islamic Inheritance Law

Taqiyuddin, Hafidz (Unknown)



Article Info

Publish Date
13 Dec 2021

Abstract

This study focuses on the justice contained in al-'awl as a part of the inheritance system in Islam. For some people, justice in the Islamic inheritance is a form of injustice, and others consider it proportional justice. Therefore, tracing how the value of justice in the initial concept is a challenge in itself. Moreover, the concept of Al-Awl is considered as a reduction of existing parts. In addition, this article also focuses on the problem of the distribution of Al-Awl's manifestations with the provisions of God's law. This research used a qualitative method with a philosophical-theological approach to answering this question. This study shows that al-Awl in the Islamic inheritance system is closely related to the value of justice. This is because al-Awl shows equality by reducing legal provisions to avoid conflicts between family members, not injustice or proportional justice. Al-Awl is a solution to reduce the definite portion of all heirs proportionally, which is a way out that provides the general benefit compared to reducing the definite portion of some heirs. In addition, al-Awl's concept is a manifestation of the acceptance of God's law in the destiny of death and the reality of the remaining family structure.

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Journal Info

Abbrev

hikmatuna

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

This Journal focuses on Islamic Studies with an integrative approach through social sciences and humanities. The social sciences field covers the studies of Psychology, Economics, Politics, Education, Law, and History. Meanwhile, the humanities field covers the studies of Quran, Hadith, Islamic ...