EKSISTENSI MAFQUD (SOLUSI ATAS MASA TANGGUH BAGI ISTRI DAN STATUS AHLI WARIS)

Miftakur Rohman

Abstract


Abstract: Natural phenomena such as natural disasters are part of sunnatullah, of course there are wisdoms and problems that arise from them. Floods, landslides, fires, and even drought are among the examples. From this incident some people died, were injured and people were missing. Missing people create problems for the household, especially for wives who need certainty to remarry, as well as the status of their heirs. This issue attracted the attention of scholars to provide legal clarity and was responded to with several answers. For the tough period a wife can marry, first, the missing person is confirmed to have died. Second, waiting four years and four months and ten days as iddah for a wife whose husband died. Third. According to the judge's decision. However, if the mafqud returns there are 2 opinions. First, a wife is still the second husband's wife. Second, a husband who is mafqud can withdraw his wife or give her compensation for a mitsil dowry. Meanwhile, the issue of the status of the heir of mafqud. First. The wealth may not be distributed until it is clear that the mafqud has passed away or the death of the majority of people his age. Second, if the inheritance has been divided and the mafqud arrives, the heir must return it or replace it.

Key word: Mafqud, Tough Period, Status of Heirs


Full Text:

PDF

References


Hasanain Muhammad Makhluf, Al MAwaris Fi Al Syari’at Al Islamiyyah (Kairo: Lajnah Al Bayan Al Araby, 1958)

Ibn Hajar Al Asqalani, Fath Al Bari Syarah Shahih Al Bukhori (Beirut: Dar Al Kutub Al Ilmiyah, 2000)

Ibn Hajar Al Haitami, Tuhfah Al Muhtaj (Beirut: Dar Al Kutub Al Ilmiyah, 1996)

Jalaluddin aL Mahalli, Syarh Al Mahalli Bi Hamisy Hasiyyata Al Qulyubi Wa ’Umairah (Surabaya: Dar Nasyr al Mishriyah, 1980)

Muhammad Bin Syihabuddin Al Ramli, Nihayah Al Muhtaj Ila Syarhil Minhaj (Beirut: Dar Al Fikr, 1984)

Muhyiddin Al Nawawi, Raudlah Al Thalibin Wa ’Umdah Al Muftin, 2nd edn (Beirut: Al Maktab Al Islami, 1998)

‘Sebanyak 2.925 Bencana Alam Terjadi Pada 2020 Di Tanah Air, Bencana Hidrometeorologi Mendominasi - BNPB’ [accessed 27 February 2021]

‘Sekilas Tentang Mafqud | Adityo Ariwibowo’ [accessed 27 February 2021]

Syekh Ibrahim al Bajuri, Syarah Al Syansuri ’ala Matan Al Rahbiyah (Mesir: Al Azhariyah, 1929)

Wahidah, Al-Mafqud ‘Kajian Tentang Kewarisan Orang Hilang’ (Banjarmasin: Antasari Press, 2008)

yahya abdurrahman, Ilmu Waris Praktis (Bogor: Al Azhar Freshzone, 2016


Refbacks

  • There are currently no refbacks.


MASADIR: Jurnal Hukum Islam has been indexed by:

   

Creative Commons License

MASADIR: Jurnal Hukum Islam is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Map Coordinate: -7.144913, 112.602663

View My Stats