Analisis Pemikiran Prof. Hazairin Terhadap Ahli Waris Pengganti

Abstract

This Journal entitled "Analysis of Prof. hazairin against substitute heirs. This research is motivated by a notion of substitute heirs which are not found in the texts of the Qur'an, even though in his interpretation Hazairin substitute heirs are found in the Qur'an surah An – Nisa' : 33. It has even been referred to  in inheritance in Indonesion Law No. 1 of 1974 concerning marriage and Compilation of Islamic Law chapter 185 paragraphs 1 and 2. Hazairin  thoughts which is used in KHI Chapter 185 paragraphs 1 and 2, there are many pros and cons in the scientific knowledge of thinkers in Indonesia. In the Qur'an there is no such thing as a replacement heir (mawali), but Prof. Hazairin interpreted that in the Al Quran there is a substitute heir whose other name is mawali in QS. An. Nisa': 33. Even though the translation of the Qur'an by the Ministry of Religion and the jumhur ulama's interpretations differ from Prof. Hazairin's, but because this substitute heir feels the need to answer every case that occurs in society in terms of Indonesian inheritance, in accordance with the times, and realizing justice, then heirs are allowed to enter the Compilation of Islamic Law as a renewal of inheritance on a bilateral basis and according to hazairin's intention to create a national sect of thought. Even though it is not found in the Nash Al-Qur'an, Hazairin's ijtihad regarding mawali (substitute heirs) is valid, but when explaining QS. An – Nisa' 33 as the legal basis, must be rejected because there is not a single scholar of interpretation, interpreting what did Hazairin.