MUSYAWARAH SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA WARIS BEDA AGAMA: EVIDENCE BASED SOLUTION FROM INDONESIA

Abstract

Inheritance in Islam is known as the Faraidh, the science that regulates the distribution of inheritance. The distribution of inheritance given to heirs in the process it can take be without dispute or with dispute. Settlement of inheritance disputes is common, but it is different in the case of a family that has differences in religious beliefs. One of the barrier factors of inheritance in Islam is different religions, namely the existence of religious differences between the heir from and the inheritor. Settlement of disputes with the concept of deliberation is believed to be able to solve problems that tend to occur in the era of this century. The purpose of this research is to provide solutions to the problems of heirs of different religions so that the implementation of inheritance can be resolved without a dispute. This research method used descriptive-qualitative method, the writer will trace and analyze deliberations as an alternative to resolving disputes of diffrent religions. The results of this research is deliberations can be used as an alternative solution to the resolution of disputes between different religions by prioritizing the public good.