DOKTRIN GHARAWAIN DALAM PEMBAGIAN HARTA WARIS

Religious Judicature Laws is born from democratic political canfiguration and responsive legal character.The non-Moslems,by their current authority,bind themselves to the syariah (Islamic laws) basic agreement, including also its religious court compentency. Principles of Islamic inheritance laws are : ijbari (compulsory),bilateral,individual,fair justice, and death consequence. The classical figh text is inadequate enough to overcome Moslems issues. It is required the fiqh based on the current real factsin Indonesia. Islamic inheritance laws have been re-actualized in their early establishment through several emerging actual issues and different solution. The consistenly application of these syariah bond principles is aimed to achieve the Maqasid asy Syariah or Syariat purposes. The syariah purposes are to establish human beings maslahat (wefare), and to maintain against chaos, demage, and crime. Umar bin Khathabs ijtihad has other principles namely the Al Istishlah or the Al Maslahat al-Mursalah and the Al Istihsan. Therefore, Khalifah Umar bin Khattabs point of view among other is the maslahat mursalah, including in Gharawain case of Welfare, namely in the case of encouraging that Islamic laws are dynamic ini characters since their erly establishment, and of considering welfare as two integral parts. The Gharawain occurs due to the unfairness considered based on the issues from the point of view at that time