ANALISIS PUTUSAN HAKIM TENTANG MUNASAKHAH DAN AHLI WARIS PENGGANTI PERSPEKTIF MAQASID SHARI’AH

Islamic Inheritance Law is knowledge about the transfer of property belonging to the heir to the heirs, with provisions on who has the right to receive it and the portion determined in accordance with the provisions of the Quran. In the process, there must be heirs, heirs and assets to be inherited, and implementation must be accelerated. However, in reality, there are many incidents where the distribution is not immediately quick, because the heirs do not know what portion they each receive and because of the element of intention. Like the decision of the Kediri Regency Religious Court no. 2026/Pdt.G/2015/PA.Kab.Kdr., Surabaya High Religious Court decision no. 0161/Pdt.G/2016/PTA.Sby., and Supreme Court decision no. 177 K/Aug/2017. This type of research is Normative Legal Research. The approach used is a case approach. The results of this research show that in determining the share of inheritance, the judge uses the system of munasakhah and substitute heirs. Munasakhah is not regulated in positive law, especially in the compilation of Islamic law, but in this case there are elements of munasakhah, so the judge makes ijtihad in determining the share of inheritance, and uses substitute heirs who stated in the compilation of Islamic law article 185. And from the perspective of maqasid shari'ah, the author sees two things, in this case the level of maintenance of benefits is at the level of dharuriyat, namely safeguarding assets (hifdh mal). As well as protecting the benefit of the family from all divisions that could occur