DAMPAK TRANSISI SOSIAL DENGAN PEMBAGIAN HARTA WARISAN DALAM HUKUM ISLAM

Abstract

This paper is a study of the effects of the transitional era with the distribution of inheritance in Islamic law. This study is to determine the impact of the age of transition with the distribution of inheritance in Islamic law. In collecting data, this research uses library research. The conclusion in this study is the impact of the age transition can affect the distribution of inheritance. However, this legal change is a law that results from al-maslahah al-mursalah, such as the problems in the wasiyyat al ajibah which have been regulated in the laws of Muslim countries. In the qat'i law the distribution of inheritance cannot be changed by changing times or by any factor. This paper also provides suggestions for a deeper study of the distribution of inheritance. In this study, the authors found a number of peculiarities and shortcomings in matters related to the use of the ushuliyah rules.