Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan)
This research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field resear...
| Main Authors: | , |
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| Format: | Article |
| Language: | Arabic |
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Institut Agama Islam Negeri Raden Intan Lampung
2020-01-01
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| Series: | Al 'Adalah: Jurnal Hukum Islam |
| Subjects: | |
| Online Access: | http://ejournal.radenintan.ac.id/index.php/adalah/article/view/4578 |
| _version_ | 1818163802966851584 |
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| author | Wahidah Wahidah Alias Azhar |
| author_facet | Wahidah Wahidah Alias Azhar |
| author_sort | Wahidah Wahidah |
| collection | DOAJ |
| description | This research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field research methods, especially in-depth interviews, the results of which are then analyzed to obtain conclusions. This study found the fact that although in general, the majority of Banjar people of South Kalimantan resolved their inheritance cases by farāidh (Islamic inheritance law), there was a tendency for some citizens to put forward the spirit of "Badamai (Keeping Peace)" to bring up ways of resolving inheritance cases that seemed varied and unique. In such a model, the formulation of the inheritance distribution specified in the farāidh is not fully implemented but is modified through the hibah wasiat (testamentary grant) method. In the case of ashābah bi al-ghair (heirs of a different gender), the pattern of division of "two to one" is not carried out by the mushi (testator) because of certain reasons/considerations related to the real condition of the heirs (economic level, marital status, age, etc). |
| first_indexed | 2024-12-11T16:55:21Z |
| format | Article |
| id | doaj.art-13021fe43211454f856d7081c8a8ac6e |
| institution | Directory Open Access Journal |
| issn | 0854-1272 |
| language | Arabic |
| last_indexed | 2024-12-11T16:55:21Z |
| publishDate | 2020-01-01 |
| publisher | Institut Agama Islam Negeri Raden Intan Lampung |
| record_format | Article |
| series | Al 'Adalah: Jurnal Hukum Islam |
| spelling | doaj.art-13021fe43211454f856d7081c8a8ac6e2022-12-22T00:57:58ZaraInstitut Agama Islam Negeri Raden Intan LampungAl 'Adalah: Jurnal Hukum Islam0854-12722020-01-0116237539210.24042/adalah.v16i2.45783054Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan)Wahidah Wahidah0Alias Azhar1UIN Antasari BanjarmasinSchool of Law, University Utara Malaysia, MalaysiaThis research illustrates the practice of inheritance in the Banjar community of South Kalimantan. The aim is to see the extent to which the provisions of Islamic inheritance law (farāidh) are applied by the member of society in everyday life. This phenomenon is revealed through several field research methods, especially in-depth interviews, the results of which are then analyzed to obtain conclusions. This study found the fact that although in general, the majority of Banjar people of South Kalimantan resolved their inheritance cases by farāidh (Islamic inheritance law), there was a tendency for some citizens to put forward the spirit of "Badamai (Keeping Peace)" to bring up ways of resolving inheritance cases that seemed varied and unique. In such a model, the formulation of the inheritance distribution specified in the farāidh is not fully implemented but is modified through the hibah wasiat (testamentary grant) method. In the case of ashābah bi al-ghair (heirs of a different gender), the pattern of division of "two to one" is not carried out by the mushi (testator) because of certain reasons/considerations related to the real condition of the heirs (economic level, marital status, age, etc).http://ejournal.radenintan.ac.id/index.php/adalah/article/view/4578hibah wasiat banjar communityinheritancefaraidh |
| spellingShingle | Wahidah Wahidah Alias Azhar Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) Al 'Adalah: Jurnal Hukum Islam hibah wasiat banjar community inheritance faraidh |
| title | Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) |
| title_full | Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) |
| title_fullStr | Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) |
| title_full_unstemmed | Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) |
| title_short | Implementation of Faraidh's Provisions in Hibah Wasiat (A Case in South Banjar Kalimantan) |
| title_sort | implementation of faraidh s provisions in hibah wasiat a case in south banjar kalimantan |
| topic | hibah wasiat banjar community inheritance faraidh |
| url | http://ejournal.radenintan.ac.id/index.php/adalah/article/view/4578 |
| work_keys_str_mv | AT wahidahwahidah implementationoffaraidhsprovisionsinhibahwasiatacaseinsouthbanjarkalimantan AT aliasazhar implementationoffaraidhsprovisionsinhibahwasiatacaseinsouthbanjarkalimantan |