Hak Non Muslim Terhadap Harta Waris (Hukum Waris Islam, KHI dan CLD-KHI di Indonesia)
Abstract: This paper discusses
the pros and cons of the inheritance rights of non-Muslims in the treasury of
Islamic thought., Differences of opinion concerning the inheritance rights of
non Muslims are preceded by a difference of opinion about terminology or infidels
and apostates. Differences of opinion Ulama 'of classical and contemporary
Islamic thinker in this matter was influenced instrumentation Islamic family
law in Indonesia. Fiqh opinions as expressed by the scholars' classic
especially Imam Shafi'i become the foundation of family law in Islamic Law
Compilation (KHI) as the Presidential Instruction No. 1 of 1991. According to
the rules of KHI Article 171 (b, c), religious differences between muwarris and
heir of a barrier right to inheritance. While the opinion of contemporary
Islamic thinkers such as Abdullah Ahmed An-Na'im and Asgar Ali Engineer, an
inspiration ijtihad discussion CLD-KHI. In chapter 2 CLD-KHI mentioned that the
problem of different religions is not a barrier because of the legacy inherited.
CLD-KHI drafting team believes, religious discrimination in inheritance rights
is part of a form of discrimination, injustice and violation of human rights
and should be replaced with a more contextual.
Penulis: M. Syafi’ie
Kode Jurnal: jpperadabanislamdd110129
