Pelaksanaan Penyelesaian Konflik Keluarga Dalam Pembagian Harta Waris (Studi Kasus Di Wilayah Kelurahan Tempuling)
DOI:
https://doi.org/10.32520/ilr.v4i2.276Keywords:
Konflik Keluarga, Kewarisan Islam, Ishlah, Non-Litigasi, Kelurahan TempulingAbstract
Disputes over the distribution of inheritance within families are sensitive private matters that often trigger the breakdown of family ties. This article aims to analyze the mechanism for resolving family conflicts in the distribution of the inheritance of the late Siti Hajar Binti Abdul Muin in Tempuling Village and to review the effectiveness of this resolution through an Islamic law approach (Ishlah). This study uses empirical legal research methods with an in-depth single case study approach. Data were obtained through interviews and documentation of the agreement of the heirs. The results showed that the inheritance dispute was triggered by differences in understanding regarding the proportion of property distribution and the sectorial egoism of the heirs. The conflict was successfully resolved non-litigation through family deliberations that reflect the principle of Ishlah (peace) in Islamic law. The final distribution was based on the principle of mutual consent (an-taradin) through the takhruj mechanism, thereby providing legal certainty while maintaining family harmony without having to go through judicial channels.
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