HAK WARIS BAGI AHLI WARIS MAFQUD DI INDONESIA (Perpektif Hukum Islam dan Hukum Positif)

Abstract

The division of inheritance in Islamic law has strict provisions based on the Qur'an and the Sunnah. However, the emergence of problems when there are lost heirs (mafqud) causes the inheritance distribution process to be hampered. The legal status of mafqud creates uncertainty because it is directly related to the validity of the rights of other heirs. This study aims to find out how the inheritance rights of mafqud heirs in the perspective of Islamic law and positive law, by using  the content analysis method, with the conclusion that the results of the study show that the determination  of the status of mafqud for Siamah binti Wakit is a legally valid and fair step for all parties. In Islam, this status is not necessarily considered death and requires the ijtihad of a judge, while in Indonesian positive law, the court can establish it after five years without notice. Thus, this case reflects the synchronization between the principles of Islamic law and the provisions of national law in dealing with complex inheritance issues.