MAWANI’ AL-IRTSI SEBAGAI PENGHALANG MEWARIS

Abstract

Mawani’ al-irtsi is about conditions which block anyone to gain their right as legatees who will gain inheritance.  There are some distinctions between mawani’ al-irtsi and hijab. Mawani’ al-irtsi mentions that the lost of legatee right to gain inheritance is caused by the existence of conditions which block them to gain inheritance. In the contrary, hijab mentions that the legatee cannot gain inheritance because there are the prime legatees who must gain it. According to Islamic scientist, there are three factors in mawani’ al-irtsi, murder (al-qatl), different religion (ikhtilaf al-din) and slave. Those are stated on some hadits and al-Qur’an. It mentions that slavery is not applied anymore at the moment. The barriers of inheriting, stated in the compilation of Islamic laws (KHI) chapter 173, are killing heir or trying to kill heir or treating heir badly or a legatee is slanderously accused that the legatee proposes accusation which states that heir has done a criminal which is punished five years jailed or worse. Meanwhile, different religion makes anyone has no right to be a legatee, it is stated in the compilation of Islamic laws (KHI) chapter 171 verse (c).