KEDUDUKAN AHLI WARIS PENGGANTI DAN PRINSIP KEADILAN DALAM HUKUM WARIS ISLAM

Abstract

Legality of a substitute beneficiary obtains a guarantee in article 185 of Islamic Law Compilation, and it is in accordance with justice principle in inheritance, and inheritant policy in dividing inheritance to a substitute beneficiary, and it is called pre-empitiv, in his or her life (inheritant's life) divided his or her property to a beneficiary or substitute beneficiary. This kind of property division does not distinguish a gender among beneficiaries or substitute beneficiaries with the purpose of mutual welfare and benefits among brothers or sisters, the same as the purpose of islamic law (maqashid al-syari'ah) for people's welfare and benefits, one of them is the theory on Al-Maslahah Al-Mursalah which is required to be more careful, avoiding carnality.