Inheritance Sharing Model that Can Be Done Not as the Provision in Al-Quran

Abstract

This article aimed to seek an understanding that inheritance in Islamic inheritance law regulated in Al-Quran can be subordinated. The nature of Islamic inheritance law is ijbari. It is defined as the property transfer from the deceased person to his/her inheritor that is applied automatically according to Allah and His prophet’ provision without depends on the will of the testator/testatrix or the inheritor. In Indonesia, inheritance is regulated in article 183 of Compilation of Islamic Law (KHI). This study employed a normative approach. Inheritance distribution that is not in accordance with Al-Quran can be done by distributing the inheritance peacefully by takharuj or tashaluh, which is justified by Maddhab Hanafi