The Existence of Dzawil Arham's Heir in Islamic Law and Its Application at the Syar'iyah Court of Banda Aceh

Abstract

One of the legal dimensions that is continuously interesting to study in the Islamic inheritance concept is known as the dzawil arham heirs, which are heirs who legally do not have a definite share. According to Islamic law, the heirs of Dzawil Arham will only receive the legacy if Zawil Furudh does not exist. Nevertheless, several cases show different distributions. Dzawil Arham gets a share of the inheritance even though Zawil Furudh is still alive. The problem studied is how the inheritance rights for the dzawil arham heirs are defined in fiqh and how the inheritance rights for the dzawil arham heirs are defined in their application in court.