Al-Adl : Jurnal Hukum
Vol 14, No 2 (2022)

Wasiat Sebagai Penyeimbang Pembagian Warisan Menurut Hazairin Perspektif Teori Keadilan Distributif Aristoteles

Muhammad Misbakhul Ulum (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Zaenul Mahmudi (Universitas Islam Negeri Maulana Malik Ibrahim Malang)
Moh. Toriquddin (Universitas Islam Negeri Maulana Malik Ibrahim Malang)



Article Info

Publish Date
21 Jul 2022

Abstract

The division of inheritance is a problem that will be faced by every family of Muslims.Jumhur ulama has established a method of division of property, namely by the method of inheritance. However, Hazairin has his own thought that the distribution of inheritance is not only done by inheritance method, but can also be compromised with a will in order to provide justice for each existing heir. This study aims to examine more deeply about the method offered by Hazairin, whether it can provide justice for the heirs or not. Therefore, a deeper study is needed using Aristotle's theory of distributive justice. The research uses a qualitative approach with the type of character study research, using secondary legal materials. The results showed that Hazairin's goal of making a will as a counterweight in the distribution of inheritance was to provide a share that was in accordance with the conditions of each heir, both in terms of weaknesses and strengths that were not considered in the inheritance system. Furthermore, the method initiated by Hazairin has met the indicators of Aristotle's distributive justice including being in accordance with the law, impartial, and proportional.

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Journal Info

Abbrev

aldli

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Al - Adl : Jurnal Hukum is a journal that contains scientific writings in the field of law either in the form of research lecturers and the results of studies in the field of law published the first time in 2008 with the period published twice a year. Al - Adl Journal of Law is registered in LIPI ...