Analisis Yuridis Hibah Yang Dilakukan Oleh Pewaris Muslim Kepada Ahli Waris Non-muslim Dalam Perspektif Hukum Waris Islam

This research aims to analyze grants given by Muslim heirs to non-Muslim heirs as a substitute for inheritance because grants have no restrictions or prohibitions so that everyone can be categorized as grantees. This type of research is normative juridical research with a conceptual approach. The results show that season heirs who have non-Muslim heirs make grants as a method of giving property before the heir dies. The action is based on non-Muslim heirs not being able to receive inheritance from Muslim heirs due to religious differences so that making the grant method as an alternative means of being able to give away property before the heir dies and does not violate the law. According to KHI Article 171 g, a grant is defined as the giving of an object voluntarily and without reward from a person to another person who is still alive. Grants made with the aim of avoiding inheritance due to obstructed heirs then the grant is contrary to the principle of human ta'abudi to Allah. As a devout Muslim, one must avoid trying to violate the existing law with other methods that do not violate the law. Although this can be justified, but looking at the principle of Muslim obedience, it is not appropriate and must be avoided. As a solution to this problem, changes must be made to the KHI by adding provisions related to grant limits and parties who are prevented from receiving grants.