Samarah: Jurnal Hukum Keluarga dan Hukum Islam Volume 8.
No.
November 2024 ISSN: 2549 Ae 3132.
E-ISSN: 2549 Ae 3167 DOI: 10.
22373/sjhk.
The Charity Values within Islamic Law of Inheritance in Malang:
MaqAid al-SharAoah and Social Construction Perspectives Zaenul Mahmudi Universitas Islam Negeri Maulana Malik Ibrahim Malang Fauzan Zenrif Universitas Islam Negeri Maulana Malik Ibrahim Malang Abdul Haris Universitas Islam Negeri Maulana Malik Ibrahim Malang Ahsin Dinal Mustafa Universitas Islam Negeri Maulana Malik Ibrahim Malang Noer Yasin Universitas Islam Negeri Maulana Malik Ibrahim Malang Email: zenmahmudi@as.
uin-malang.
Abstract: Islamic principles regarding zakat in general are closely related to the issue of wealth which must be distributed to the needy and poor as well as groups that have been determined by Islamic law.
This article aims to discuss the principles of charity in the distribution of inheritance by analyzing the views of ulama and intellectuals in Malang City.
East Java.
This study is socio-legal research using the theory of maqAid al-shar'ah and social construction.
Data was obtained from document study sources in the form of opinions of tafsir and fiqh scholars, journal articles and books related to the discussion.
The informants interviewed were NU member.
Muhammadiyah.
MUI, and academics.
The results of this study revealed that: first, based on the principles of justice and benefit, as the general elements of maqAid, in the inheritance verses, there is a command to set aside inherited property for the needy from the group of distant relatives, orphans, and the poor .
l-Nisa: .
and to help the heirs who are less able .
l-Nisa:
as maqAid al-kulli.
Second, based on social construction, at the externalization stage, the ulema and Muslim community in the city of Malang practice the Islamic charity by setting aside inherited property for the poor, the needy, and orphans in various forms such as slametan for the deceased, endowments for orphanages, and donations to educational institutions, as well as giving some of the inherited property to their less fortunate relatives.
Muslim community simultaneously objectifies the Islamic charity so that the Islamic charity becomes an objective reality in the city of Malang, although the Muhammadiyah community does not observe slametan.
The internalization of the construction of Islamic charity as a final stage is understood by internalizing the verses of Islamic charity as the beliefs and teachings that must be implemented in society.
Keywords: Universal principle, property rights, charity, inheritance, maqAid alsharAoah ic Submitted: September 12, 2023 ic Accepted: August 04, 2024 http://jurnal.
ar-raniry.
id/index.
php/samarah icPublished: August 24, 2024 The Charity Values within Islamic Law Zaenul Mahmudi, et.
DOI: 10.
22373/sjhk.
Abstrak: Prinsip Islam tentang zakat pada umumnya berkaitan erat dengan persoalan harta kekayaan yang wajib dibagikan kepada fakir dan miskin serta kelompok yang telah ditentukan oleh hukum Islam.
Artikel ini bertujuan membahas tentang prinsip-prinsip amal dalam pembagian warisan dengan menganalisis pandangan para ulama dan intelektual di Kota Malang.
Jawa Timur.
Kajian ini merupakan penelitian sosio-legal dengan menggunakan teori maqAid al-sharAoah dan kontruksi sosial.
Data diperoleh dari sumber kajian dokumen berupa pendapat para ulama tafsir dan fiqih, artikel jurnal dan bukubuku yang berkaitan dengan pembahasan.
Informan yang diwawancarai adalah pengurus NU.
Muhammadiyah.
MUI, dan akademisi.
Hasil penelitian ini mengungkapkan bahwa: pertama, berdasarkan asas keadilan dan kemaslahatan, sebagai unsur umum maqAid, dalam ayat-ayat waris terdapat perintah untuk menyisihkan harta warisan bagi yang membutuhkan dari kelompok kerabat jauh, anak yatim, dan orang miskin .
l-Nisa: .
dan membantu ahli waris yang kurang mampu .
l-Nisa: .
sebagai maqAid al-kulli.
Kedua, berdasarkan konstruksi sosial, pada tahap eksternalisasi, para ulama dan umat Islam di kota Malang mengamalkan zakat Islam dengan menyisihkan harta warisan bagi fakir miskin, dhuafa, dan anak yatim dalam berbagai bentuk seperti slametan untuk almarhum, wakaf kepada panti asuhan, dan sumbangan kepada lembaga pendidikan, serta pemberian sebagian harta warisan kepada sanak saudaranya yang kurang Masyarakat Islam sekaligus mengobjekkan zakat Islam sehingga zakat Islam menjadi kenyataan obyektif di kota Malang, meskipun masyarakat Muhammadiyah tidak menyelenggarakan slametan.
Internalisasi pembinaan amal Islam sebagai tahap akhir dipahami dengan internalisasi ayat-ayat amal Islam sebagai keyakinan dan ajaran yang harus dilaksanakan dalam masyarakat.
Kata Kunci: Asas universal, hak milik, amal, warisan, maqAid al-sharAoah Introduction Islam places great emphasis on the values of charity towards fellow human beings with lower middle-income economies.
Many Islamic teachings emphasize the values of charity, such as zakat .
bligatory charit.
, sadaqah .
, infaq .
oluntary disbursemen.
, hibah .
ift/gran.
, waqf .
, and wills.
This principle of charity is emphasized in every teaching and fiqh (Islamic jurisprudenc.
provision related to economics and wealth.
1 In the Islamic view, all wealth belongs to Allah, and wealth and poverty are tests from Allah for The rich are tested with the pleasures of the world, and their ability to Mahdi Syahbandir, et.
AuState Authority for Management of Zakat.
Infaq, and Sadaqah as Locally-Generated Revenue: A Case Study at Baitul Mal in Aceh,Ay Al-Ihkam: Jurnal Hukum dan Pranata Sosial 17.
No 2 .
Ali Murtadho Emzaed, et.
AuA Politics of Recognition: The Legislation of Zakat Law in a Transition of New Order and Reform Era,Ay Ulumuna: Jornal of Islamic Studies 24.
No.
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ar-raniry.
id/index.
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DOI: 10.
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share with those who are underprivileged is a measure of their faith.
Conversely, for the poor, their test is in their ability to be patient with their lack.
Previous studies on Islamic charity conducted over the past five years can be categorized into four areas: .
institutional development, .
expansion of utilization, .
collaboration with the government, and .
management reform.
Innovations carried out by Islamic charity institutions worldwide aim to strengthen the framework of Islamic charity institutions, increase public trust, and more broadly improve the performance of Muslim organizations.
The development of Islamic charity institutions in various studies has been directed towards the development of institutionalization patterns of Islamic charity institutions in the form of Non-Government Organizations (NGO.
, as applied in Pakistan.
Norway, and the United Kingdom.
This institutionalization into NGOs provides these charity institutions with greater flexibility and avoids difficulties in operating due to government Additionally, innovations have been made by collaborating with financial institutions engaged in financial technology .
,3 and even the Islamic Development Bank has been involved in accommodating and developing Islamic charity in its programs.
4 The development of these charity institutions has also involved developing and incorporating Islamic microfinance and takAful banking products5 as part of Islamic charity.
It is hoped that the development of modernly managed charity institutions utilizing internet technology will lead to a wider utilization of Islamic charity funds.
Innovations and the expansion of the utilization of Islamic charity have been widely researched, not only aimed at alleviating poverty but also becoming economic activities for communities to profit from these Islamic charities.
6 In Middle Eastern Muslim countries, zakat funds are not given to beggars who often use this as a cover, but these zakat funds are used to fight for social justice.
7 In Kaja Borchgrevink.
AuNGOization of Islamic Charity: Claiming Legitimacy in Changing Institutional Contexts,Ay VOLUNTAS: International Journal of Voluntary and Nonprofit Organizations 31, no.
, p.
1049Ae62 Fahmi Ali Hudaefi.
AuHow Does Islamic Fintech Promote the SDGs? Qualitative Evidence from Indonesia,Ay Qualitative Research in Financial Markets 12, no.
, p.
353Ae Altea Pericoli.
AuIslamic Finance and Charity in the Muslim World.
The Role of the Islamic Development Bank in Financing Aid,Ay JEBA (Journal of Economics and Business Aseanomic.
5, no.
Abdalrahman Mohamad Migdad.
AuExamining Islamic Microfinance as a Mechanism of Takaful in High-Risk Countries: Case Study of Palestine,Ay International Journal of Ethics and Systems 39, no.
, p.
126Ae42 Najib Kailani and Martin Slama.
AuAccelerating Islamic Charities in Indonesia: Zakat.
Sedekah and the Immediacy of Social Media,Ay South East Asia Research 28, no.
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70Ae Amira Mittermaier.
Giving to God: Islamic Charity in Revolutionary Times (Oakland.
California: University of California Press, 2.
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Bangladesh, zakat and waqf funds entrusted to Faith-Based Organizations are distributed not only to reduce poverty rates, but also used for humanitarian programs and community development,8 including uplifting marginalized groups such as the transgender and LGBT communities9 so that they can live a decent and proper life.
The optimization of expanding the utilization and strengthening of Islamic charity institutions is carried out by society through collaborative efforts with the Numerous studies have been conducted on these collaborative In Malaysia, for instance, zakat and waqf funds have been used for economic recovery in communities affected by the COVID-19 pandemic.
Collaboration with the government is also managed to support the programs of the World Economic Forum (WEF), as demonstrated by Indonesian companies in the fintech sector to fulfill the Sustainable Development Goals (SDG.
, specifically SDG 1 .
, ending povert.
SDG 2 .
, hunge.
, and SDG 3 .
reducing inequalitie.
11 Beyond government collaboration, partnerships have also been formed with the Islamic Development Bank (IDB) to disburse its Islamic charity funds to meet the basic needs of communities through projects in agriculture, health, and infrastructure development, in collaboration with both governments and non-Muslims,12 and to address economic crises in high-risk countries such as Palestine.
13 Collaboration with the government in expanding the utilization of Islamic charity funds is necessary to enhance the quality of institutional management and ensure credibility and accountability to increase public trust.
Efforts to enhance management quality within Islamic charitable organizations are imperative for ensuring financial accountability to the public, given that these organizations rely on public donations.
Numerous studies have explored ways to improve the management of Islamic charities, such as through the integration of Islamic ethical principles into financial management practices, as demonstrated by Islamic Social Enterprises (ISE.
These studies have Isahaque Ali et al.
AuIslamic Faith-Based Organizations and Poverty Reduction in Bangladesh: A Social Work Perception,Ay Social Work & Society 18, no.
M Usman.
AuZakat Distribution for Handling Transgender in Indonesia: A Perspective of MalAuah Mursalau,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, no.
, p.
Ainol-Basirah and A.
Siti-Nabiha.
AuThe Roles of Islamic Social Finance in The Era of Post-Covid-19: Possible Prospects of Waqf Institutions for Economic Revival,Ay International Journal of Industrial Management 7 .
, p.
1Ae8.
Hudaefi.
AuHow Does Islamic Fintech Promote the SDGs?Ay.
Mohammad Shahid et .
AuAnalyzing the Commonalities between Islamic Social Finance and Sustainable Development Goals,Ay International Journal of Ethics and Systems, .
Pericoli.
AuIslamic Finance and Charity in the Muslim World.
The Role of the Islamic Development Bank in Financing Aid.
Ay Migdad.
AuExamining Islamic Microfinance as a Mechanism of Takaful in High-Risk Countries.
Ay http://jurnal.
ar-raniry.
id/index.
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DOI: 10.
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consistently found a positive correlation between the adoption of such principles and increased ISE organizational accountability.
14 Financial management in these charity institutions should not only be accountable to donors, but also to the recipients of the funds.
15 In this era of Industry 4.
0, financial management and accounting for these institutions should utilize digital platforms to audit both donors and recipients, as performed by the Badan Amil Zakat and Dompet Dhuafa in Indonesia.
Previous studies on the development and innovation of these four aspects, conducted by Islamic charity institutions managing zakat, waqf, sadaqah, wills, hibah, and others, have proven to provide satisfaction to donors, which in turn strengthens altruistic attitudes towards fellow humans and increases their 17 With the improvement, development, and innovation of these Islamic charity institutions, it is expected that there will be an increase in donors, which will lead to a more equitable distribution of wealth among Muslim communities.
However, the studies conducted on the innovation and development of Islamic charitable institutions, especially regarding sources of Islamic charity funds, have not addressed or included the Islamic inheritance system as a medium for implementing Islamic charity to reduce poverty or promote economic equality.
The inheritance system, whose main discussion is related to the distribution of inherited property, should not be separated from the provision that every property has rights belonging to the poor, the needy, and orphans.
A notable gap exists in the ulema salaf .
arly Muslim scholar.
formulation of the Islamic inheritance system, as it fails to address the principle of Islamic charity.
Research on Islamic inheritance law over the past five years has shown innovations in Islamic inheritance jurisprudence, especially at the practical level where many Muslim communities divide inherited property differently from what has been formulated by Islamic jurists.
These changes in inheritance practices at the practical level are influenced by several factors, primarily social factors, kinship systems, and humanitarian considerations.
Several studies have Muhammad Iqmal Hisham Kamaruddin et al.
AuThe Mediating Role of Financial Governance on the Relationship between Financial Management.
Islamic Work Ethic and Accountability in Islamic Social Enterprise (ISE),Ay Social Enterprise Journal 17, no.
, p.
427Ae449.
Sofia Yasmin.
Chaudhry Ghafran, and Jim Haslam.
AuCentre-Staging Beneficiaries in Charity Accountability: Insights from an Islamic Post-Secular Perspective,Ay Critical Perspectives on Accounting 75 .
, p.
Indah Piliyanti, et.
AuTechnologizing Islamic Philanthropy During the Covid-19 Pandemic in Indonesia,Ay Journal of Muslim Philanthropy & Civil Society 6, no.
Youssef Chetioui, et.
AuAntecedents of Giving Charitable Donations (Sadaqa.
during the COVID-19 Pandemic: Does Islamic Religiosity Matter?Ay Journal of Islamic Marketing 14, no.
, p.
1169Ae87.
Firdan Thoriq Faza and Astiwi Indriani.
AuDynamics of Muslim Millennials in Charity Donation: A Donor-Side Perspective,Ay Jurnal Ekonomi Syariah Teori Dan Terapan 9, no.
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352Ae61.
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concluded that Indonesian inheritance practices cannot be solely governed by Sunni Islamic principles, given IndonesiaAos unique social conditions that differ from Arab societies, as exemplified by the indigenous communities in Lampung,18 Luwu (South Sulawes.
,19 West Kalimantan20, and Java.
21 In addition, the construction of the Islamic inheritance system in Indonesia and its inheritance practices are also influenced by the kinship systems,22 as well as the diverse cultural and customary laws across the Nusantara archipelago.
23 These two factors necessitate and justify the need for changes in the Islamic inheritance system in Indonesia, as supported by the fiqh principle of Autaghayyur al-fatwA bi taghayyur al-azminah wa al-amkinah wa al-auwAlAy24 which emphasizes that rulings or fatwa can change according to changes in time, place, and Another factor driving the changes in Islamic inheritance practices, particularly in Indonesia, that supports the principle of Islamic charity is The Muslim community of Sampang.
Madura, practices inheritance distribution without discriminating between male and female heirs, treating them equally and giving them equal shares25 as well as granting rights to orphaned grandchildren through the concept of substitute heirs .
awAli.
26 However, this humanistic principle applied to inheritance distribution is considered a deviation from the Islamic inheritance system, so the equalization of inheritance shares between male and female heirs is carried out through wills.
In Malaysia, wills are Abdul Qodir Zaelani et al.
AuAn Implementation of the Joint Inheritance Division of Ethnic Groups in Lampung.
Indonesia,Ay Samarah: Jurnal Hukum Keluarga Dan Hukum Islam 7, 3 .
, p.
1373Ae1396.
Andi Sukmawati Assaad, et.
AuGender Equity in Inheritance System: The Collaboration of Islamic and Bugis Luwu Customary Law,Ay AL-IHKAM: Jurnal Hukum & Pranata Sosial 17, no.
, p.
458Ae79.
Muhammad Lutfi Hakim.
AuIsmail Mundu on Islamic Law of Inheritance: A Content Analysis of Majm Aoal-MrAth F ukm al-FarAAois,Ay Al-JamiAoah: Journal of Islamic Studies 61, 1 .
: p.
59Ae79.
Nur Alfy Syahriana and Zaenul Mahmudi.
AuThe Principle of Segendong Sepikul in the Inheritance Distribution System of the Muslim Community from the Perspective of Multidisciplinary Studies,Ay De Jure: Jurnal Hukum Dan SyarAoiah 14, no.
, p.
195Ae210.
Mursyid Djawas et al.
AuThe Construction of Islamic Inheritance Law: A Comparative Study of the Islamic Jurisprudence and the Compilation of Islamic Law,Ay JURIS (Jurnal Ilmiah Syaria.
21, no.
, p.
207Ae19.
Rr Dewi Anggraeni.
AuIslamic Law and Customary Law in Contemporary Legal Pluralism in Indonesia: Tension and Constraints,Ay Ahkam: Jurnal Ilmu Syariah 23, no.
Ibn Qayyim al-Jawziyyah.
IAolAm al-MuwaqqiAon Aoan Rabb al-AoAlamn, 4th ed.
(RiyAs:
DAr Ibn al-Jawz, 1.
Afidah Wahyuni and Harisah Harisah.
AuHumanism in Inheritance Distribution in Sampang Madurese Culture,Ay AHKAM: Jurnal Ilmu Syariah 19, no.
Suqiyah MusafaAoah.
Hammis Syafaq, and Nur Lailatul MusyafaAoah.
AuHazairinAos Interpretation of Inheritance Verses In The QurAoan and Its Influence On The Compilation of Islamic Law,Ay Journal Of Indonesian Islam 17, no.
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used to provide guarantees for economically weak heirs or non-heirs who have a special relationship with the testator.
27 In Indonesia, wills are used to bequeath property to non-Muslim heirs, as applied by the Supreme Court.
28 Although some ulema view this method a legal artifice .
, the courtAos decision is considered progressive, innovative, and responsive to the changing times.
29 The principle of humanism towards the weak is implemented through wills, not Islamic No research is found that explicitly connects Islamic charity values as an integral component of Islamic inheritance law, encompassing heirs, non-heirs, and the economically disadvantaged.
Consequently, this study aims to investigate how Islamic charity is incorporated into Islamic inheritance law, as outlined in the primary Islamic legal sources, particularly the QurAoan.
Additionally, it also seeks to examine the practical application of Islamic charity in the distribution of inheritance in Malang City.
To examine the principle of charity in the Islamic inheritance system, this study used normative and socio-legal research approaches.
30 Data was obtained from document study sources in the form of opinions of tafsir and fiqh scholars, journal articles and books related to the discussion.
The informants interviewed were NU.
Muhammadiyah.
MUI administrators and academics.
All of the data was then analyzed using the theory of maqAid al-sharAoah and social The Principle of Islamic Charity in Reducing Poverty Islam emphasizes the principle of charity in its teachings as an effort to achieve economic equality in society, preventing wealth accumulation in certain groups, as affirmed in the QurAoan Surah al-ashr verse 7.
AuMA afAAoAllAh `alA raslih min ahl al-qurA falillAh wa li al-rasl wa lidzi al-qurbA wa al-yatAmA wa al-masAkn wa ibn al-sabl kay lA yakna dlatan bayna al-aghniyA minkum (As for gains granted by Allah to His Messenger from the people of .
lands, they are for Allah and the Messenger, his close relatives, orphans, the poor, and .
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travellers so that wealth may not merely circulate among your ric.
Ay Islam asserts that the wealth one possesses is not entirely theirs, except after setting aside a portion for the weak.
This QurAoanic provision is further formulated in fiqh as institutions such as infAq, adaqah, hibbah, dAm, ghanmah, fayAo, and waqf, which serve to assist those in need, both economically and spiritually.
In practical terms.
Islamic charitable institutions are not only conducted manually or in cash .
adan bi yadin/hand-to-han.
, but also online32 to facilitate donors and recipients in carrying out this social act of worship.
However, online social worship activities require strong trust in these charitable institutions33 given the many similar institutions with low credibility as Islamic charity distributors.
In addition to the trust factor, the depth of knowledge related to religion and religious values is a significant driver of the success of online philanthropy.
Innovations in the implementation of Islamic charity in the era of Industry 4.
need to continuously improve their credibility in terms of management, transparency, accountability, and service to increase public trust, especially among donors, so that no more less fortunate people are unable to meet their basic MaqAid al-SharAoah as the Foundation for Fiqh Reformulation The QurAoan is the final divine book revealed by Allah to the final Prophet.
Muhammad PBUH, as a guidance for Muslims worldwide and throughout time.
The QurAoan is not only intended for Arab and Middle Eastern societies, but also for those living in France.
America.
Germany.
Japan.
Indonesia, and other 36 However, the number of verses in the QurAoan is limited, whereas social issues in the world are ever evolving and increasingly complex due to Hendy Mustiko Aji, et.
AuInvestigating the Determinants of Online Infaq Intention during the COVID-19 Pandemic: An Insight from Indonesia,Ay Journal of Islamic Accounting and Business Research 12, no.
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Rahmatina Awaliah Kasri and Esmeralda Indriani.
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technological advancements and globalization.
Social and societal changes have permeated every aspect of life, including family matters .
l-auwAl alshakhiyya.
Theoretically, the QurAoan serves as a guide to resolve all these issues, as the Prophet Muhammad PBUH said.
Autaraktu fkum amrayni lantasill mA tamassaktum bihimA: kitAba AollAh wa sunnati nabiyyih alla AollAhu Aoalayhi wa Ay37 A number of QurAoanic verses have indicated the perfection of Islam, such as Aual-yawma akmaltu lakum dnakum wa atmamtu alaykum niAomat wa rastu lakum al-islAma dna (This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religio.
Ay .
lMAAoidah: .
and AumA farranA f Aol-kitAbi min shay (And We have omitted nothing in the Boo.
Ay .
l-AnAoAm: .
The perfection of Islam and the completeness of the QurAoan refer to the universal principles or maqAid al-kulliy that were fully understood by the companions of the Prophet PBUH.
MaqAid al-kull or universal principles derived from the kull .
verses of the QurAoan should be used as a standard in understanding juz` .
This is because particular provisions often differ from, or even contradict, each other.
39 Every Islamic legal provision found in the QurAoan contains both universal .
and particular .
provisions that interact with the social contexts and conditions of society.
Inconsistencies or contradictions between these legal provisions must be reconciled and harmonized with universal principles .
am`u wa al-tawf.
as the spirit of sharia legislation.
The universal principles of the QurAoan, extracted from these universal .
verses, form the basis for formulating the objectives of Islamic law .
aqAid al-shar`.
MaqAid al-sharia are the objectives of Islamic legislation, whose foundation, structure, and purpose are to establish and realize justice and the public interest in society.
In its application, great attention is paid to wisdom .
as mentioned by Ibn Qayyim al-Jawziyyah:
AuInna al-SharAoah mabnAhA wa asAsuhA Aoala al-uikami wa maAliui al-AoIbAd f al-MaAoAsh wa al-MaAoAd.
Wa hiya Aoadlun kulluhA wa maAliu kulluhA.
Fakullu masAoalatin kharajat Aoan al-Aoadl ilA al-jawr, wa Aoan al-raumati ilA siddihA, wa Aoan al-malahati ilA al-mafsadati wa Aoan al-uikmati ilA al-Aoabthi falaysat min al-sharAoati wa in udkhilat fhA bi al-taAowl.
Fa al-sharAoah Aoadlu AollAhi bayna AoibAdihi wa raumatuhu bayna khalqihi wa dhilluhu f arsihi wa uikmatihi al-dAlati Aoalayhi wa ylA idqi RaslillAhi allallAhu Aoalayhi wa sallam atamma dalAlatin wa adaqaha wa hiya nruhu al-ladz bihi abara MAlik Ibn Anas.
Muwao al-ImAm MAlik, vol.
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http://jurnal.
ar-raniry.
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al-mubirn wa hudAhu al-ladz bihi ihtadA al-muhtaddn wa shifAAouhu altAmu al-ladz bihi dawAAou kulli Aoall wa arquhu al-mustaqm al-ladz man istaqAma Aoalayhi faqad istaqAma AoalA sawAAoi al-sabl.
Ibn Qayyim al-JawziyyahAos statement emphasizes that the structure and foundation of sharAoa are justice .
l-AoadAla.
and public interest .
, which must be accompanied by wisdom .
in their implementation.
Any rule that contradicts the principles of justice, public interest, and wisdom cannot be categorized as sharAoa.
41 Therefore, when a rule does not align with these three principles, it must be modified and replaced with a rule that can fulfill them.
The principles of justice and public interest, which are the foundation and structure of Islamic law as proposed by Ibn Qayyim al-Jawziyyah, are structured by Jasser Auda as the general objectives .
eneral maqAi.
of Islamic law, encompassing and governing specific and partial maqAid.
The major chapters in Islamic law .
pecific maqAi.
and the minor chapters .
artial maqAi.
are subject to the general maqAid.
42 This classification emphasizes that all fiqh formulations must ultimately aim at establishing justice and the public interest.
These two principles can be factually found in the formulations of fiqh laws created by the ulema salaf, where they made these two principles the foundation and goal in their establishment, adjusted to the time and place in which the fiqh scholars lived.
Understanding of MaqAid al-SharAoah in Inheritance Provisions in the QurAoan The specific provisions of inheritance in the QurAoan are detailed in Surah al-NisAAo, verses 7-14.
Additionally, there are several other verses that are separate from this group, such as those governing the property of a person who dies without leaving any direct heirs .
l-NisAAo: .
, those regulating substitute heirs and individuals who have contracts with the testator .
l-NisAAo: .
, and those organizing the family hierarchy .
l-AnfAl: .
Moreover, there are other verses that can be linked to the QurAoanic concept of inheritance, although not directly, such as the system of kinship .
l-NisAAo: .
These inheritance verses, scattered throughout the QurAoan, need to be gathered and understood holistically and comprehensively.
In addition, other verses related to inheritance should also be studied to accurately grasp the Islamic concept of inheritance.
The words used in these verses must be carefully understood using linguistic knowledge .
l al-lugha.
, and the context in which the verses were revealed must also be considered in order to discover the objective, wisdom, and foundation of inheritance legislation and to accurately Jawziyyah al-.
IAolAm al-MuwaqqiAon Aoan Rabb al-AoAlamn, p.
Jasser Auda.
Maqasid Al-Shariah as Philosophy of Islamic Law: A Systems Approach (London: The International Inst.
of Islamic Thought, 2.
, p.
xxiiAei.
Jasser Auda.
Maqasid Al-Shariah, p.
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identify the maqAid al-sharAoa in inheritance law.
43 The discourse concerning the principles of maqAid al-sharAoa and maslahah is inseparable.
the two overlap and 44 However, for Jasser Auda, maslahah is a part of maqAid alsharAoa, where he categorizes maqAid al-sharAoa into three levels: general maqAid, specific maqAid, and partial maqAid.
If the QurAoanic inheritance provisions are analyzed from Jasser AudaAos theory, then in terms of general maqAid, these provisions must be able to provide justice and public interest for society and the family in their distribution .
ifdh almA.
, including ensuring that distribution to heirs is managed correctly and appropriately .
ifdh al-nas.
Based on specific maqAid, inheritance provisions cannot be separated from the context of family law .
l-auwAl al-shakhiyya.
, so the provisions must be able to bring goodness to family life in order to create a harmonious, loving, and merciful family.
Based on partial maqAid, inheritance provisions must emphasize and implement the universal principles regulated in the inheritance verses, namely: .
equality between male and female heirs .
lNisAAo: .
, .
empathy for economically weak groups in society .
l-NisAAo: .
, .
empathy for heirs who are both economically and personally weak .
l-NisAAo: .
, and .
eliminating injustice among family members .
l-NisAAo: .
These three levels of maqAid al-sharAoah form a unified legal foundation that cannot be separated from one another in formulating an Islamic inheritance system that conforms to the will of Allah as al-ShAriAo .
he Lawgive.
The application of maqAid al-sharAoah in formulating inheritance law, as described above, is in line with Al-ShatibiAos statement in the introduction to his monumental book Aual-MuwafaqAtAy that the legal provisions stipulated in the QurAoan are supported by two groups of verses, kulliy and juzAoiy verses, which lead to maqAid kulliy and maqAid juzAoiy.
These two groups of verses mutually reinforce each other and should not be contradicted.
The universal principles contained in the kulliy verses, which generate the maqAid kulliy, are the basis and parameter for understanding the juzAoiy verses.
Thus, the kulliy verses found in al-NisAAo verses 7-10 must be the foundation and parameter in understanding inheritance provisions and formulating them technically, based on the inheritance verses found in Surah al-NisAAo verses 11, 12.
There are two principles of Islamic charity found in the universal principles of Islamic inheritance: first, giving a portion of the inherited wealth to those who are economically weak from outside the group of heirs, and second, giving a portion of the inherited wealth to heirs who have a low economic level.
Al-Shatibi.
The Reconciliation of the Fundamentals of Islamic Law, p.
Arif Maftuhin and Abidah Muflihati.
AuThe Fikih Difabel of Muhammadiyah:
Context.
Content, and Aspiration to an Inclusive Islam,Ay Indonesian Journal of Islam and Muslim Societies 12, no.
: p.
341Ae67.
Jasser Auda.
Maqasid Al-Shariah as Philosophy of Islamic Law.
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The first principle of charity is contained in al-NisAAo verse 8, which states.
Auwa ieA uasara al-qismata l al-qurbA wa al-yatAmA wa al-masAkni fa Aorzuqhum minhu wa ql lahum qawlan maAorfAAy (And when the shares are distributed, let those nearest of kin, the orphans, and the needy approach, and give them something out of it and speak to them words of kindnes.
Ay This verse clearly states that when there is a distribution of inheritance, while there are .
relatives, orphans, or poor people around them, the heirs must give some of the inherited wealth to these people.
This verse affirms the first principle of charity that in inherited wealth, there is a right for the poor, the needy, and the orphans who do not receive a share in that inheritance.
The second principle of charity is found in al-NisAAo: 9, which states.
Auwa Aolyakhsha al-laena law tarak min khalfihim eurriyatan siAoAfan khaf Aoalayhim faAolyattaq AollAh waAolyaql qawlan saddA (And let those fear who, if they leave behind them weak offspring, fear for their sake.
Let them fear Allah and let them speak what is righ.
Ay This verse implies that people should fear and worry if they leave behind heirs in a weak condition, including economic weakness.
Considering that this verse is part of a set of inheritance verses, it is necessary to pay attention to the heirs who are financially weak in the distribution of inheritance by giving them something so that they become strong offspring.
This verse affirms the principle of charity towards heirs who are underpriviledged.
The importance of these two principles of Islamic charity in the concept of Islamic inheritance is highly emphasized that Allah threatens those who do not practice these two principles of charity as oppressors, whose punishment is Hellfire, as stated in al-NisAAo verse 10 which reads.
Auinna Aollazna yaAokulna amwAla AolyatAmA dhulman innamA yaAokulna fi bunihim nAra wa sayalawna saAora (Indeed, those who devour the wealth of orphans unjustly - they are only consuming fire into their bellies, and they will be burned by a blazing fir.
Ay The giving of Islamic charity to these two groups is carried out before the distribution of inheritance to the heirs in the form of hibah or sadaqah with the aim of: .
purifying the inherited wealth because the rights of others have been fulfilled,46 and .
avoiding conflicts with the established fiqh provisions in society.
Islamic Charity Practices in Islamic Inheritance in Malang City The fiqh ulema in Malang City have a relatively similar view regarding the fiqh provisions of inheritance (Aoilm al-farAAoi.
They argue that in the fiqh books they have studied and which are widely circulated in Indonesia, especially in Malang City, there is no discussion of Islamic charity issues in the chapters on mawArth or Aoilm al-farAAois.
Islamic charity provisions such as sadaqah, nafaqah.
Ab Ja`far Muuammad ibn Jarr abar al-.
Tafsr Al-abar JAmi` al-BayAn `an TaAowl Ay al-QurAoAn, vol.
11 (DAr Hijr li al-ibA`ah wa al-Nashr wa al-Tawz` wa al-I`lAn, 2.
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hibbah, wasiyyah, waqf, and zakat are regulated separately outside the provisions found in the chapters of fiqh mawArith.
However, considering that Islamic charity is strongly emphasized in Islamic teachings, especially in matters related to wealth, the ulema from the Nahdlatul Ulama (NU).
Muhammadiyah, and the Indonesian Ulema Council (MUI) in Malang City have relatively different views in describing the Islamic inheritance system.
They have a relatively similar view in the concept of sharing with economically weak members of society with various differences in The ulema from NU hold the view that the principle of charity is not present or is not part of the study of fiqh mawarth, but its discussion lies outside this area such as in wills and hibah.
47 The principle of charity for others needs to be considered before the process of distributing inherited property.
The kiai (Islamic scholar.
emphasize that the inherited property to be divided is the property of the deceased, so the heirs need to contemplate and consider the benefit for the deceased by setting aside property as ongoing charity (Aoamal jAriya.
for the poor, needy, orphans, and social foundations in the form of hibah and/or As for the form of charity towards economically weak heirs.
Ahmad Izzuddin suggests that it can be provided in the form of hibah after the distribution of inheritance.
In his opinion, this principle of charity can also be made in the form of waqf ahliy, such as endowing a pesantren (Islamic boarding schoo.
to a child who has the ability to manage it.
Charity to such heirs can also be carried out by Muslim society by making an equal distribution between sons and daughters, where such distribution is interpreted as hibah from the sons who willingly give up their share for the daughters.
Leader of NU Malang Similar to NU.
Muhammadiyah ulema also hold the view that the principle of charity is not an inherent part of the Islamic inheritance system, 49 but rather exists outside the structure of the inheritance system.
However, the practice often carried out by the Muhammadiyah community is to set aside a portion of their inherited property to be given to social institutions as waqf and to the poor and the needy on the initiative of the heirs after receiving their share of the inheritance.
In fact, they often set aside the inherited property they have received to be endowed to social institutions and donated to the poor and the needy.
50 Many prospective heirs also make wills to endow their property before they die as a Interview with Isroqunnajah.
Leader of Nahdlatul Ulama.
Malang.
August 15, 2023.
Interview with Ahmad Izzuddin.
Member of Nahdlatul Ulama.
Malang.
August 15.
Interview with Triyo Suprayitno.
Leader of Muhammadiyah.
Malang.
August 14.
Interviews with Mujtahid.
Member of Muhammadiyah.
Malang August 9, 2023.
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form of charity given to non-heir less fortunate people.
In addition, charity towards economically weak heirs is also carried out by the Muhammadiyah communiy, especially towards daughters, which is given by sons after they receive their share of inheritance according to the principles of Aoilm al-farAAois.
Similarly.
MUI ulema are also of the opinion that the principle of charity is not part of the Islamic inheritance system.
According to Tutik Hamidah.
Islamic charity in Islamic inheritance is individual in nature, meaning it is the policy and goodness of each heir after they receive the inherited property.
Muslim society usually gives charity by setting aside the inherited property they have received for the poor and the needy as an act of kindness .
to fellow human beings.
Among NU members, it has become a tradition to give sadaqah in slametan .
on the seventh, fortieth, hundredth, and thousandth days after the death of the testator, whether the slametan is observed before or after the distribution of the inheritance.
52 In addition to sadaqah in slametan.
Muslims also usually donate the clothes of the deceased to the needy and the poor.
In terms of charity towards internal heirs, according to MUI ulema, takharruj .
enunciation of inheritanc.
is also common among heirs who feel that they are already This renunciation indicates that their inheritance rights are given to heirs who are more in need, both male and female heirs, or by dividing equally between male and female heirs, meaning that the sons willingly give up a portion of their inheritance to be gifted to the daughters.
54 The following table summarizes the views of the ulema in Malang City on the interpretation and practice of Islamic No.
Name Charity Implementation Towards Towards Non-Heirs Heirs Nahdlatul Charity is not part Waqf (Aoamal - waqf ahliy Ulama (NU) of the Islamic jAriya.
for - equating a social and portion of an inheritance as a form of hibah Muhammadiyah Charity is not part - hibah to - hibah to of the Islamic female heirs Understanding Interview with Triyo Suprayitno.
Leader of Muhammadiyah.
Malang.
August 14.
Interview with Tutik Hamidah.
Profesor at UIN Malang.
August 14, 2023.
Interview with Bisri Mustofa.
Member of Indonesian Ulemna Council.
Malang.
August 8, 2023.
Interview with Tutik Hamidah.
Profesor at UIN Malang.
August 14, 2023.
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Majelis Ulama
Indonesia
(MUI)
Fiqh of inheritance does not regulate the principles of and the poor and the needy - waqf - hibah to the poor and the - slametan on the 7th, 40th, 100th and 1000th days as sadaqah to the needy and - sadaqah of the testatorAos clothes for the poor and the - takharruj .
ejecting inheritanc.
so that the rights taken away to be given for weak heirs From the interviews conducted, the ulema from NU.
Muhammadiyah, and MUI in Malang City agree that the principle of charity is not an inherent part of the Islamic inheritance system.
However, they view that there is a right for the poor and needy attached to the inherited property distributed to the heirs.
Therefore.
Muslim society in Malang City from various organizational backgrounds sets aside the inherited property they have received for the benefit of the community, in the form of hibah, sadaqah, and waqf to religious institutions, social institutions, or directly given to the poor and needy.
Values of Charity in Islamic Inheritance Distribution in Malang: A Perspective from Social Construction Theory The ulema of the NU.
Muhammadiyah, and the MUI in Malang City have the same view that the study of fiqh of inheritance does not include the principle of Islamic charity.
This agreement indicates that the position of the fiqh ulema alsalaf al-Aliu .
he pious predecessor.
is very strong in Indonesian culture, especially in Malang City.
In here, many people teach and instill these fiqh teachings to their students and make these fiqh books the main reference in resolving contemporary issues such as in the forums of Bauth al-MasAAoil NU.
Majelis Tarjih Muhammadiyah, and Fatwa MUI.
In the social construction theory offered by Peter L.
Berger and Thomas Luckmann, social reality is a social construction through the process of http://jurnal.
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externalization, objectification, and internalization.
55 In the context of Islamic charity in the Islamic inheritance system, the ulema and Muslim society in Malang City understand that there are no rules of Islamic charity in fiqh of inheritance.
practice or in the stage of externalization, however, they emphasize Islamic charity, both to the poor and the needy in general and to those who are included as heirs.
At the externalization stage.
NU is accustomed to conducting slametan traditions for the deceased, starting from the day of death until the seventh day, followed by the 40th and 100th days, the first and second year, and the 1000th day.
This slametan tradition, usually carried out in the form of yasinan-tahlilan,56 is an activity of having a meal together after offering prayers57 dedicated to the Prophet Muhammad, the ulema, and deceased ancestors.
58 This tradition is a form of Islamic charity or a form of giving food to the poor and needy carried out by NU members when their relatives die and before the inheritance is distributed to the heirs.
Slametan is a tradition deeply rooted among Javanese people who have a philosophical basis for nyawiji or uniting with all creatures, not only with fellow human beings, but also with the surrounding nature, other creatures, and even with the Almighty God in the form of AuManunggaling Kawulo GustiAy.
Therefore, this tradition aims to create togetherness with fellow human beings without distinguishing differences in economic levels and degrees and to make peace with 59 This Javanese belief is in line with the prophetic mission of the Prophet Muhammad as a mercy to all worlds Auwa mA arsalnAka illa raumat li al-AoAlamn (We have sent you (O Prophe.
only as a mercy for the whole worl.
Ay .
l-AnbiyAAo:
Thus.
Islamic charity in the form of the slametan tradition not only realizes Javanese identity, but also the Islamic identity carried out by Muslims in Malang City.
In addition to slametan.
Islamic charity is also carried out by giving a sum of money to Islamic foundations that work in the field of community welfare such as orphanages, and foundations in the field of education such as the Muhammadiyah community in Malang.
They organize this Islamic charity as a form of goodness .
and welfare for the needy community and the benefit of Berger and Luckmann.
The Social Construction of Reality.
Akhmad Rizqon Khamami.
AuNasionalis-Cum-Nahdliyin: A New Identity for Nominal Javanese Muslims,Ay Contemporary Islam 16, no.
2Ae3 .
, p.
507Ae27.
Andrew Beatty.
Varieties of Javanese Religion: An Anthropological Account.
Cambridge Studies in Social and Cultural Anthropology 111 (Cambridge.
UK.
New York:
Cambridge University Press, 1.
, p.
Mark Woodward.
Java.
Indonesia and Islam, 1st ed.
Muslims in Global Societies Series 3 (Dordrecht.
New York: Springer, 2.
, p.
Clifford Geertz.
The Religion of Java (Chicago London: University of Chicago press, 1.
, p.
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the community.
This donation is made by the heirs after receiving the distribution of inheritance, the reward of which is intended for themselves and the testator.
The principle of Islamic charity in the Muslim community of Malang City is not only practiced towards the poor, the needy, and orphans who are not relatives, but is also given to those who are still relatives or as heirs.
In fiqh of inheritance, it is stipulated that the share of inheritance for a daughter is half that of a male heir.
For some people, this provision seems unfair to female heirs, and thus, there are some strategies .
that are good such as giving gifts or bequests to these female heirs, and/or renunciating the inheritance .
to be given to other heirs in need.
The externalization stage of Islamic charity carried out by the NU and Muhammadiyah communities towards the poor and the needy from outside and within the family, which are given before the death of the testator, by agreement of the heirs, or by each individual heir, has become an understanding among the majority of Muslims in Malang City.
This objectification stage makes the subjective reality previously carried out individually into an objective reality in the Muslim community of Malang City.
However, there are differences in the form of Islamic charity between the two Muslim groups in Malang City.
NU usually conducts the slametan ritual to give alms to the poor and the needy on the first to seventh days, the 40th and 100th days, the first and second year, and the 100th day after the death of the testator, including paying fidyah .
monetary expiation for missed obligatory acts, e.
fasting, zakat, or praying, left by the the deceased during his lifetim.
In contrast, the Muhammadiyah community does not agree with the slametan, but rather chooses to give the inheritance to orphanages.
Islamic foundations, or any educational foundations.
The internalization of Islamic charity as the final stage of social construction is managed by the Muslim community of Malang City by strengthening the principles of Islamic charity that have become an objective reality in the Muslim community into an Islamic teaching that is reinforced and justified by verses of the QurAoan.
As previously discussed, the verses of inheritance clearly regulate that in inherited property there is a right for the poor, needy, orphans, and relatives who are economically weak as described in Surah al-NisAAo verses 8 and 9.
These QurAoanic verses state that when a distribution of inheritance occurs and there is a group of underpriviledged people around, whether they are related heirs or unrelated people, it is commanded to set aside some of that inheritance for their welfare.
Conclusion The principle of Islamic charity is an integral part of the Islamic inheritance system from the perspective of maqAd al-sharAoah, which views a provision of Islamic law comprehensively, holistically, and multidimensionally.
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The principle of Islamic charity has been practiced by Muslims, especially in Malang City, as an act of kindness .
which is individual in nature, as there is no obligation that requires such charity.
This subjective awareness occurs as an awareness of a general obligation regarding ownership of property in which there are rights of the poor and the needy.
However, this subjective awareness has turned into an objective awareness and reality, as nearly all Muslims in Malang City carry out the concept of sharing with others as an embodiment of the principle of Islamic charity.
Moreover, several QurAoanic verses affirm that in inherited property there are the right of the economically weak, and thus, by internalizing these teachings in peopleAos beliefs.
Islamic charity in the Islamic inheritance system should not only become a subjective awareness whose reality has been applied by Muslims in Malang City.
This Islamic charity also needs to be an objective awareness internalized into a teaching in the Islamic inheritance system that in inherited property there are rights of the poor, the needy, orphans, and relatives with lower economies.
References