Takharuj in the Distribution of Inheritance and its Legal Consequences from the Compilation of Islamic Law

Abstract

This article is about Takharuj in the Distribution of Inheritance and Its Legal Consequences From the Compilation of Islamic Law. There are 2 sub problems in this article, namely, 1) What are the views of Articles 183 and 189 of the KHI regarding Takharuj in the distribution of inheritance and 2) What are the legal consequences if the heirs are postponed according to KHI. Furthermore, the articles raised aim to find out the views of the Compilation of Islamic Law, especially Articles 183 and 189 regarding the concept of Takharuj in inheritance distribution and examine the legal consequences that arise if the heirs who were originally recipients of the inheritance are then postponed. The author uses the type of library research which is descriptive qualitative, using data collection techniques by reading various kinds of information from library materials and related journal websites and then citing both direct and indirect quotes. The source of data used by the author is secondary data while the data analysis techniques that the author uses are, data collection, data reduction, data presentation and conclusions. So it can be concluded from the results of the author's article that based on the information in Articles 183 and 189 of the KHI, the distribution of inheritance in a takharuj as in the KHI is termed a peace agreement which is legal if the heirs divide their assets voluntarily through deliberation as for the consequences. The law that arises is that the heir who withdraws the other heirs gives a reward to the heirs who are postponed.