亚齐塔米昂乌拉玛反对推迟遗产分配的意见

Lukmanul Hakim
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引用次数: 0

摘要

背景。对于继承人来说,继承遗产本应是一件令人愉快的事情,但有时这却会成为一场灾难,导致家庭关系出现裂痕或破裂,这是由于继承人的贪婪造成的,继承遗产中的问题还包括迟迟不给继承人分配遗产。目的。继承遗产是继承人的绝对权利,继承人在还清债务和财产后,应立即进行分配,但由于分配不及时,对继承人产生了不利影响。研究方法。本研究采用的研究方法是定性研究,这种研究是实地研究,其主要来源是实地访谈的结果。结果。本研究的结果是1) 延迟分割遗产的影响,即出现家庭问题/继承人之间关系不和,可能导致继承财产价值的损失,以及一些继承人因其权利得不到实现而受到迫害。2) 亚齐塔米昂乌拉玛对遗产分割延迟的观点分为三条法律,即:义务延迟、允许延迟和延迟:义务延迟、允许延迟和禁止延迟。这三种法律适用于因对纳萨布(Nasab)和/或对继承人的寿命产生怀疑而延迟分配遗产的情况,必须推迟到法院对纳萨布和/或继承人做出决定之后。结论。同样,由于对实际怀孕的怀疑或对性别(khunsa)的怀疑而推迟遗产分配也是强制性的,直到两者的状况得到澄清。如果所有有权继承遗产的继承人都同意延迟分配遗产,而且这种延迟是允许的,并符合伊斯兰教法的规定。如果延迟分配遗产会对继承人造成不公正,或导致遗产价值受损和损失,则属于非法行为。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Views of Aceh Tamiang Ulama Against Postponement of Inheritance Distribution
Background. Inheritance should be a pleasant thing for the heirs, but sometimes this becomes a catastrophe that causes a rift or break in the family relationship, this is due to the greed of the heirs, including problems in inheritance is the delay in distribution to the heirs. Purpose. The inheritance is the absolute right of the heirs who should be immediately divided after paying off the debts and assets of the heirs, but because the distribution is not hastened, it has an unfavorable impact on the heirs. Method. The research method used in this research is qualitative research, this type of research is field research whose main source is the results of interviews in the field. Results. The results of this study are: 1) The impact of delaying the division of inheritance, namely: The occurrence of family problems / disconnection between heirs, can result in the loss of the value of the inherited property, and the persecution of some heirs because their rights are not fulfilled. 2) The view of the Aceh Tamiang Ulama regarding the delay in the division of inheritance is divided into three laws, namely: Obligatory delay, permissible delay and haram delay. These three laws are adjusted to the circumstances that occur if the delay in the distribution of inheritance is due to doubts about nasab and / or doubts about the life of the heirs, it must be postponed until there is a determination of nasab and / or heirs from the court. Conclusion. Likewise, delaying the distribution of inheritance due to doubts caused by real pregnancy or doubts about the sex (khunsa) is obligatory until the status of both is clarified. Delaying the distribution of the inheritance, if there is agreement from all the heirs who are entitled to it, and if it is permissible and managed in accordance with shar'i law, is permissible. If delaying the distribution of the inheritance results in injustice to the heirs or results in damage and loss of value to the inheritance, then it is haraam.
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