Ahli Waris Sepertalian Darah: Kajian Perbandingan terhadap Penalaran Hazairin dan Penalaran Fikih Mazhab [Blood-Related Heirs: A Comparative Study of Hazairin's Reasoning and the Reasoning of Madhhab Jurisprudence]

Abstract

The dissertation of Prof. Dr. Al Yasa Abubakar, professor at the Faculty of Sharia of IAIN (now UIN) Ar-Raniry Banda Aceh and later the first Head of the Aceh Islamic Sharia Office (Dinas Syariat Islam Aceh), which compares two modes of reasoning in determining blood-related heirs. On one side is the reasoning of madhhab jurisprudence, particularly Shafi'i and classical Sunni, which divides relatives into ashab al-furud, 'asabah, and dzawi al-arham with a patrilineal character. On the other side is Hazairin's theory of bilateral inheritance, which rereads the Qur'anic inheritance verses with the help of legal anthropology and rejects the distinction between male and female lines, including through the concept of substitute heirs (mawali). Al Yasa tests both modes of reasoning in terms of the methodology of ushul fikih, the interpretation of the texts (nas), and their consequences for the division of property, and then assesses their relevance for the reform of inheritance law in the Compilation of Islamic Law (Kompilasi Hukum Islam) in Indonesia. The book has become an important reference for the study of Islamic inheritance law and Indonesian Islamic legal thought.