Qanun : Jurnal Hukum Keluarga Islam
Vol. 2 No. 2 November 2024 "The Transformation of Islamic Family Law in Response to Gender, Polygamy

The Urgency of Qawaid Fiqhiyyah and Its Implementation in the Actualization of Islamic Inheritance Law

Mahendra, Bayu Arif (Sekolah Pascasarjana UIN Syarif Hidayatullah, Jakarta)
Abdillah, Masykuri (Sekolah Pascasarjana UIN Syarif Hidayatullah, Jakarta)
Ramadhan, Taufiq (Universitas Darunnajah)
Hanif, Hamdan Arief (Universitas Sultan Ageng Tirtayasa)



Article Info

Publish Date
30 Nov 2024

Abstract

The human life journey is divided into three important stages: birth, marriage, and death. Each individual leaves assets and responsibilities that must be managed after their death, which are then regulated by inheritance law. Along with rapid social change, there is a mismatch between static Islamic inheritance law and the needs of modern society. Therefore, there is a need to update Islamic inheritance law so that it remains relevant. This update process requires a clear method for discovering and implementing new rules. The principles of fiqh in Islamic inheritance offer a practical approach to finding the necessary legal solutions. With these principles, it is hoped that it can solve contemporary problems and support the reform of Islamic inheritance law. The aim of this research is to examine and evaluate the application of fiqhiyyah rules in Islamic inheritance law. The research method used is qualitative with a content analysis approach. The theory used is the theory of fiqh rules which examines general (kulli) and specific (far'i) rules, especially in the implementation of Islamic inheritance law. The results of this research show that the principles of jurisprudence function as a tool in formulating legal decisions and facilitating the resolution of inheritance cases. These rules of Mawarist fiqhiyyah have an important role in the application of Islamic inheritance law and assist in the maximum actualization of Islamic law through the process of absolute mujtahid ijtihad.

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Journal Info

Abbrev

qanun

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Qanun aims to serve as an academic discussion ground on the development of Islamic Family Law and gender issues. It is intended to contribute to the long-standing (classical) debate and to the ongoing development of Islamic Family Law and gender issues regardless of time, region, and medium in both ...