PRAKTIK PEMBAGIAN WARIS SAMA RATA SEBELUM PEWARIS MENINGGAL DUNIA MENURUT PERSPEKTIF MAQASID SYARIAH (Studi kasus di Desa Pagowan Kecamatan Pasrujambe Kabupaten Lumajang)

This research aims (1) to find out why there is a practice of dividing inheritance equally before the heir dies in Pagowan Village, Pasrujambe District, Lumajang Regency, (2) to find out what the maqasid sharia analysis is about the practice of dividing inheritance equally before the heir dies in Pagowan Village, District Pasrujambe, Lumajang Regency. Researchers used field research and a qualitative approach. By using interview, observation or observation and literature study methods. Then it is analyzed using data collection analysis, data reduction, and drawing conclusions. The research location is in Pagowan Village, Pasrujambe District, Lumajang Regency. The results of this research are (1) The Pagowan Village community does not use positive law or Islamic law in implementing the division of inheritance, the community tends to adhere to the customs that have been carried out by their ancestors. The reason for not using Islamic law is that they are afraid of injustice which will lead to family conflicts between heirs. (2) In the Maqasid Syariah analysis, the distribution of inheritance carried out by the people of Pagowan Village is a permissible act because it contains elements of benefit, namely hifzu al-din (guarding religion), hifzu an-nafs (guarding the soul), hifzu al-' aql (guarding reason), hifzu al-nasl (guarding offspring) and hifzu al-mal (guarding wealth).