Rekonstruksi Kewarisan Islam: Studi Hermeneutika Ibn Abbas atas Ayat-ayat Waris

Abstract

This study intends to analyze the hermeneutics of Ibn Abbas on the verses of inheritance in the Koran and their implications for the Islamic inheritance model. This research is a juridical normative study using content analysis and conceptual approaches. The results of research on Ibn Abbas's hermeneutics show that: first, daughters get a 2/3 portion if they are three or more in quantity. Second, in the case of gharawayn, the mother gets 1/3 of all inheritance not 1/3 of the remaining. Third, brothers or sisters can prevent the mother from getting 1/3 into 1/6 if they are 3 or more in quantity. Fourth, the grandfather has the same position as the father absolutely when the father died first. Fifth, the word "walad" refers to children generally, both male and female. Sixth, kalalah is interpreted as a person who dies without having children and parents. The word "children" includes boys and girls while parents include father and grandfather. Seventh, there is no 'aul in Islamic inheritance based on the logical thought that there can be no division of inheritance exceeding the amount of the inheritance itself.