Kontroversi Praktik Pembagian Waris Pra-Kematian Dalam Perspektif Fiqih Kontemporer

Abstract

This research aims to analyze the factors influencing changes in understanding and perception of pre-death inheritance practices and their implications on the laws of inheritance ownership according to Sharia principles. A case study method is employed to explore pre-death inheritance practices in Muslim families. Primary data are obtained from families practicing such methods, while secondary data are sourced from literature and books. Data collection techniques involve non-participatory observation, structured interviews, and literature review. The data analysis process entails reduction, validation, and critical literature review to identify patterns and key issues. In conclusion, not everything considered as inheritance by society can be deemed as such according to Sharia. Assets are divided into two categories: assets relinquished before the death of the deceased, which can be considered as gifts or endowments to heirs, and assets that can be controlled after the death of the deceased, subject to circumstances. Assets predetermined before death can be considered as testamentary arrangements if their proportions differ from Islamic inheritance laws. If the testamentary assets are less than one-third of the undesignated remaining assets, they can be accepted by the designated recipients without reducing their share of inheritance. However, if they exceed one-third of the inheritance, consent from other heirs is required. If any heir dissents, the testamentary arrangement is nullified, and all assets are treated as inheritance. Transactions in the distribution of assets are in accordance with Sharia and can be explained through Sharia-compliant agreements. However, it is crucial to scrutinize the transaction process to ensure the accuracy of the agreements and avoid misclassification of assets.