AKIBAT HUKUM KEMBALINYA AHLI WARIS YANG TELAH DINYATAKAN HILANG (MAFQUD) TERHADAP PEMBAGIAN WARISAN MENURUT HUKUM ISLAM

Inheritance law of Islam it is those provisions to the person entitled to be heirs, who can not be heir (because it was blocked), the magnitude of the portion received each heir and how to distribute the estate to the heirs under the law of God, but thus still be problems when the status of the heirs are not known to exist while the estate has been divided then heirs are found to exist and ask the estate part, though in the process of distribution of the estate where there are no heirs are not known to exist have to wait for the determination of the loss or death of her someone by Judge Court, therefore, the first problem to be the author adopted is about how if the property part of heir mafqud which has been set aside and then spent by other heirs, the problems that the ones I will convey is what the ratio decidendi in the determination of the loss of those issued by Court judge, this study, using the approach of Legislation, case studies, conceptual approach, the description of the first problem relates to the division of the estate conducted by the heirs who are still there which is also part of the heirs mafqud is taken distributed previously set aside , when the heir mafqud it turns back to collect his share, then heirs others are obliged to hand over the treasure of the detained, the problems of both authors use several court decision to determine the ratio decidendi judge in determining the status of the missing or dead her someone that in setting judges use several grounds such as based on the provisions of relevant legislation and also based on hukus foundation of Islam and the doctrines of Islamic scholars, in addition to the judges in their establishment also took into account the technological advances that affect its adoption on the status of an heir