TINJAUAN YURIDIS PEMBERIAN WASIAT KEPADA AHLI WARIS (Suatu Studi Di Kelurahan Laosu Kecamatan Bondoala Kabupaten Konawe)

Abstract

This study aims: 1) To find out and understand the legal regulations for granting a will to heirs. 2) To find out and understand the views of scholars on granting a will to heirs. 3) To find out and understand the legal consequences of granting a will to heirs. In conducting research in relation to the object to be studied, the researcher chose the research location in Laosu Village, Bondoala District, Konawe Regency. All data obtained from the research, both literature research and field research, will be analyzed using the method; Qualitative Analysis, which is an analysis method carried out by selecting materials obtained from literature and the field that are adjusted to the problem being studied (only data related to the problem will be taken as research data). Furthermore, Descriptive Analysis, which is the result of the analysis which is a collection of data found and described in detail and then connected to the problem being studied. The results of this research show that: 1) The legal regulation of granting wills to heirs is that there are Al-Quran surah Al-Baqarah verses 180-182 which say that it is obligatory upon you, if one of you comes (signs of) death, if he leaves a lot of wealth, to make a will for your parents and relatives in a noble manner. 2) The Ulama's view regarding giving wills to heirs is that the ulama agree that it is permissible to make a will to an expert as long as it is approved by the other heirs and the assets bequeathed are only one third of the inherited assets. 3) The legal consequences of granting a will to heirs are permissible as long as they meet the requirements in Article 195 of the Islamic Law compilation, namely a. A will is made orally in the presence of two witnesses, or written in the presence of two witnesses or in front of a notary. b. Wills are only allowed up to a third of the inherited assets unless all the heirs agree. c. A will to heirs is valid if approved by all heirs. d. The statement of agreement in paragraphs (2) and (3) of this article is made verbally in front of two witnesses or in writing in front of two witnesses before a notary.