PEMBAGIAN HARTA WARIS DENGAN WASIAT (Pendekatan Ushul Fiqih)*

Abstract

A Hidden Inheritance With the Probate Division (Usul Fiqh
Approach). In Islamic law, the division of the estate (faraidh) is part of the
problem is already clear rules (qat'i al-dilalah). However, there are still a
few people who questioned aspects of justice in this faraidh problem.
One solution to bridge this is the concept of testament. The division of
property by testamentary relatively more flexible than those specified in
the science faraidh. However, will still not be separated from the legal
rules that have been set Qur'an and Sunnah.