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Hafidz Taqiyuddin
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Hikmatuna

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The Justice Dimensions in the Provision of Al-'Awl on Islamic Inheritance Law Hafidz Taqiyuddin
Hikmatuna : Journal for Integrative Islamic Studies Vol 7 No 2 (2021): Hikmatuna: Journal for Integrative Islamic Studies, December 2021
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatunajournalforintegrativeislamicstudies.v7i2.310

Abstract

This study focuses on the justice contained in al-'awl as a part of the inheritance system in Islam. For some people, justice in the Islamic inheritance is a form of injustice, and others consider it proportional justice. Therefore, tracing how the value of justice in the initial concept is a challenge in itself. Moreover, the concept of Al-Awl is considered as a reduction of existing parts. In addition, this article also focuses on the problem of the distribution of Al-Awl's manifestations with the provisions of God's law. This research used a qualitative method with a philosophical-theological approach to answering this question. This study shows that al-Awl in the Islamic inheritance system is closely related to the value of justice. This is because al-Awl shows equality by reducing legal provisions to avoid conflicts between family members, not injustice or proportional justice. Al-Awl is a solution to reduce the definite portion of all heirs proportionally, which is a way out that provides the general benefit compared to reducing the definite portion of some heirs. In addition, al-Awl's concept is a manifestation of the acceptance of God's law in the destiny of death and the reality of the remaining family structure.
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