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BATASAN SEPERTIGA DALAM WASIAT WAJIBAH MENURUT IBN HAZM DAN WAHBAH AZ-ZUHAILI

Robbani, Muhil (2018) BATASAN SEPERTIGA DALAM WASIAT WAJIBAH MENURUT IBN HAZM DAN WAHBAH AZ-ZUHAILI. Bachelors Degree (S1) thesis, University of Muhammadiyah Malang.

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الباب الأول.pdf

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Abstract

Heirloom property will be the right of the heirs, but before it is distributed to them the giving of obligatory wasiat takes precedence, if the testament is given as much as one third, then it is possible that the portion is more than the portion of the heirs. This study aims to find out and analyze the boundaries of one-third of the obligatory wasiat according to the understanding of Ibn Hazm and Wahbah az-Zuhaili. Which is the limit of one third of the obligatory wasiat has been determined as the maximum limit, so that injustice will occur in the pembagia inheritance. This research is a type of library research, the source of data in this study is the primary data source, namely the book fiqh Ibn Hazm al-Muhalla and the book of Wahbah Zuhaili fiqh and supported and strengthened by secondary and tertiary data sources. The results of the study show that giving a mandatory will with one third of the assets is not an obligation, but one third has been determined as the maximum level as explained in the hadith. And disunnahkan less than one third of the property, because one third has been considered a lot and will reduce the rights or part of the property of the heirs. Whereas those who are entitled to receive a mandatory testament are relatives who do not obtain inheritance, for example a child from a daughter because they are prevented from obtaining inheritance or adopted children who cannot inherit inheritance. Aspects of the situation and condition of the person who died and also his heirs to the property must be considered before determining the gift

Item Type: Thesis (Bachelors Degree (S1))
Student ID: 201310020311032
Keywords: Analysis, One-third Limits, Wasiah Wajibah, Ibn Hazm, Wahbah Zuhaili
Subjects: B Philosophy. Psychology. Religion > BL Religion
B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc
Divisions: Faculty of Islamic Studies > Department of Islamic Family Law (Ahwal Syakhshiyyah) (74230)
Depositing User: Agung Gallant Setiabudi
Date Deposited: 29 Oct 2018 08:48
Last Modified: 29 Oct 2018 08:48
URI : http://eprints.umm.ac.id/id/eprint/38799

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