Will Problems and Their Solutions Perspective of Islamic Law and Positive Law

Abstract

Wills as a part of family law have an important role, namely determining and reflecting the legal system and form in society. As a teaching of Islamic law (Islamic Fiqh), wills have the aim of realizing benefit, justice and conformity. As a note, wills are part of the property transfer system (Sarwah) which cannot be separated from human life, where the meaning of wills concerns material and non-material things, while what often causes division is wills which are closely related to material things. Regarding the data in this paper, the author obtained it using library research methods (Library Research). This method is carried out by examining library materials or secondary data, which consists of: Primary materials, namely materials that are binding and consist of books, journals, etc., which are related to the problem being discussed. And, secondary materials, namely materials that provide explanations of primary materials in the form of articles resulting from research, or opinions of other legal experts.
regarding wills in the inheritance distribution system in Islamic law that wills in Islamic law are not merely about someone's last wishes, but rather one of the religious commands that must be carried out (for those who have large amounts of wealth), it is an effort to improve the welfare of the people/fellows in terms of distribution. and granting ownership rights to an inheritance and is a solution to the problem of dividing inheritance.