Analysis Of Islamic Law Towards Article 181 Compilation Of Islamic Law Ramdan Fawzi, Fahmi Fatwa Rosyadi Satria Hamdani, Intan Manggala Wijayanti, Liza Dzulhijjah
Faculty of Sharia Bandung Islamic University
Abstract
The issue of inheritance distribution in Islam discussed in Chapter II of the Compilation of Islamic Law (KHI). Article 181 KHI describes a person who dies without leaving a child and father, so brothers and sisters who are one mother, each one gets 1/6. Q.S Al-Nisa verse 12, it is known that what is meant by kalalah is a person (male or female) who died while he has no children and father but has one brother or one sister who is one mother, then each one receives a share of 1/6 of the estate. If we look closely, there are differences in the text that need to consider, namely brothers and sisters who are one mother get 1/6 of the share with brothers or sisters, then each will get 1/6. This study aims to analyze the share of inheritance for brothers and sisters in article 181 KHI using an analysis of Islamic Law. This study used a qualitative method with a normative juridical approach, then analyzed using interactive analysis by reducing data, presenting it, and concluding. The results of this study indicate that the share of inheritance for a brother or sister is 1/6 if the heir does not leave the child and father. The use of the words -and- in article 181 KHI is identical to the difference in understanding that 1/6 given to two people, namely a brother and sister, who is one mother, not one of the two. Whereas in the Islamic inheritance law, it explained that if there are two or more brothers or sisters who are one mother, then the portion that will obtain is 1/3 of the inheritance left behind.
Keywords: inheritance, Article 181 KHI, Kalalah
Topic: Law and Ethics in Terms of Islamic Perspective
