KRITIK TERHADAP KOMPILASI HUKUM ISLAM MENGENAI STATUS AHLI WARIS KHUNTSA

Abstract

Abstract The study in this scientific work is actually aimed at the existence of a 26-year-old Compilation of Islamic Law (KHI) against the inheritance of khuntsa where there are no clear rules regarding the inheritance of khuntsa. Even though we can find the inheritance discussion in classical fiqh books, there are various opinions to the differences of opinion of the jurists or priests regarding the sex status of khuntsa to the acquisition of inheritance that should have been received by the khuntsa. The question is isn't the classical fiqh books used as a reference in the KHI compilation process? This research shows that there is no rule in KHI regarding inheritance of khuntsa, this makes it possible for later the birth of legal certainty because of the various decisions in the Religious Court on the same case but not in classical fiqh books discussing khuntsa based on the hadith of the Prophet Muhammad. Keywords: Critics, Compilation of Islamic Law (KHI), khuntsa