Rethinking Konsep Nasakh dan Penerapannya dalam Indonesia Hukum Waris di Indonesia
Abstract: This article
investigates the impact of using the concept of 'ulumul istimbat Koran against
the law, one of which is the impact of the implementation of paragraph testament
abrogates heritage. Those who agree that the estate has abrogated paragraph
will argue that the division of inheritance through a will is no longer valid
because it had been established by legal procedure heritage. Permissibility
will only apply to parts that will be given to people outside the family.
Abrogation between verses of the Quran is also supported by a hadis of the
Prophet that prohibits giving testament to the beneficiary. However, those who
do not agree that paragraph legacy has abrogated paragraph will argue that the
ordinance of the division of inheritance through a will still remain valid.
regarding the above hadis prophet soon get the analysis that aim to avoid an
heir to inherit the double (according to the science part faraid / fiqh mawaris
and parts will fit the sound). Meanwhile, if the division of inheritance is
only through a single procedure (bequest division of inheritance), then nothing
will get the double.
Penulis: Faiq Tobroni
Kode Jurnal: jpperadabanislamdd100086
