Tinjauan Yuridis Terhadap Hak Ahli Waris Pengganti Ditinjau dari Kompilasi Hukum Islam dan Fiqih Islam

Ferryani Krisnawati*, Suryati, Prosawita Ririh Kusumasari

Abstract

Fara'idh law is a set of provisions that regulate the transfer of rights from someone who has died to someone who is still alive with provisions based on the Koran and hadith. Islamic inheritance law is basically mandatory for Muslims everywhere in the world, however, the style of an Islamic country and the life of the people in a country or region have an influence on the inheritance law. One of the problems that occurs in implementing the Islamic inheritance system is the death of the heir before the heir dies. This research aims to find out the position and rights of the descendants of heirs who died first in terms of the Compilation of Islamic Law and Islamic Fiqh in Indonesia. The approach method used is a qualitative approach taken from primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. The research results obtained are that the position and rights of the descendants of heirs who die first are able to replace the position of their parents based on the Compilation of Islamic Law and Islamic Fiqh.