Telaah Pemikiran Hazairin Dalam Mengelompokkan Ahli Waris Menurut Persepektif Hukum Kewarisan Islam

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Afiq Budiawan

Abstract

Classification of heirs According to Hazairin, they are categorized into three, namely: dzawu al-faraid, dzawu al-qarabah and mawali, and the rationale for classifying hazairin heirs using maqasid asy-syari'ah, ibarah an-nas (mantuq), dalalah ghairu lafziyah, and in al-Iltizam as well as the grouping of hazairin heirs in terms of Islamic inheritance law among the three terms of the heir groups expressed by Hazairin, there are differences and contradictions with the terms used by mazhab fiqh scholars and only one is the same as the term fiqh mazhab scholars, namely the term dzawu al-faraid, and the jurisprudence scholars of the mazhab do not recognize the terms dzawu al-qarabah and mawali for the group of heirs.

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