TEORI DAN PRAKTIK PENENTUAN AHLI WARIS ASHOBAH DALAM KONSEP SYAJAROTUL MIRATS

Abstract

In Islamic heirs, the process of determining the heirs is carried out before the division of inheritance. Categories of heirs are grouped by their status and kinship with heirs. Ashobah is a group of heirs who are understood as the beneficiaries of the rest of the property. However, the heirs of the ashobah do not always receive the remaining property, but the ashobah group also cannot get the inherited property at all. This study aims to describe the theory and practice of determining the ashli of the heirs of ashobah based on the concept of shajarotul mirat. This research uses qualitative methods with the type of literature research. All collected data are analyzed descriptively. The results of the study explained that the heirs of the ashobah in obtaining the estate were among the three possibilities. First, ashobah gets all the inheritance. Secondly, the ashobah gets the rest of the inheritance after the ashabul furudh group. Third, ashobah does not inherit at all. Furthermore, there is only one heir who becomes an ashobah and there cannot be two ashobahs. In the concept of shajarotul mirat, all types of ashobah are judged based on jihhah, qorobah and quwwatul qorobah on the path of bunuwah, ubuwah, ukhuwah and 'umumah.