PROBLEMATIKA ANTARA HIBAH DAN WARIS TERHADAP ANAK BUNGSU IMPLEMENTASINYA DI KELURAHAN SETIAWARGI KECAMATAN TAMANSARI KOTA TASIKMALAYA

Abstract

The division of inheritance is a transfer or transfer of parental property to their children, be
it sons or daughters. In carrying out the transfer or transfer of the inheritance, it is carried
out or given after the heir dies, as has been stipulated in Islamic law. In the Setiawargi
Village community there are differences between Islamic law, such as giving a house when
parents are still alive as a grant and giving a house when parents have died as inheritance. In
the distribution of inheritance for the youngest child, it is strongly influenced by custom,
namely with the priority of getting an heirloom house or a house left by parents and still
receiving a share of the inheritance like other heirs. This study aims to find out the concept of
Islamic law in the distribution of grants and inheritance to children, to know the practices
and considerations for the youngest child to be prioritized in obtaining grants and greater
inheritance rights and to find out the views of Islamic law on solving the problems of grants
and inheritance for the youngest child. This research method is field (Field Research) with
the nature of qualitative descriptive research, namely collecting existing facts, by examining
the object directly at the location to be studied. While the data sources obtained from primary
data sources and secondary data sources. The results of this study 1. The concept of Islamic
law in the distribution of grants and inheritance to children has several alternatives, namely
by way of tashaluh or peace, by way of will and by way of grants, 2. The practice and
considerations of the youngest child are prioritized in obtaining grants and inheritance rights
that are more which was carried out by parents when they were still alive and one of them
had died on the basis of the habits of the previous parents and the hope of the parents that
their house after they died would be maintained so that the house would remain a gathering
place family. The property donated to the youngest child is the house of his own parents. This
grant to the youngest child is carried out orally by the parents to their youngest child without
including a notarial deed and if there is a dispute in the future it is resolved amicably, 3. The
view of Islamic law on the practice of dividing inheritance for the youngest child is
prioritized for grants and greater inheritance seen in terms of the pillars and terms of the
grant, it is appropriate and fulfills the provisions of Islamic law and the gift is based on the
agreement of other heirs besides the youngest child.