Musyawarah Sebagai Salah Satu Cara Penyelesaian Harta Warisan di Luar Jalur Pengadilan di Kotamadya Medan

Abstract

The law of inheritance is deeply connected with the human livelihood cause its became a natural law that every human being must endure an event usually known as death. Death cause a question that is how the continuation of right and obligation from the death transition of properties to the legal heir which is in Islamic Law called Faraidh. Islamic Law, its Faraidh as a sub system from certainty is clear in Holy Qur'an and the society of Medan, certainty of distribution is carried out based on of the line of jurisdiction. Hadist. But in solving legacy deliberation out To find out the manners of solving the legacy distribution out of the jurisdiction and the consequences and how according to the Islamic distribution of legacy based on Law the deliberation particularly in city. of Medan, consequently this research is performed. The Islamic Law, suggested to; all people making negotiate based on the God said in Qoran, Assyura 38 that means " Those who hearken to their Lord, and establish Regular prayer, who (conduct) their affairs by mutual consultation, who spend out of what we bestow on them for sustenance". An-nisa 59 that means "O ye who believe! obey God, and obey and the Apostle and those charged, with authority among you if

ye differe in anything, among yours selves, refer it to God and His A postle if ye do believe in God, And the Last day That is best, and most suitable for final determination .Ijtihad Jama'i is inisiative of the founding Islamic Law through negotiation. : The result of agreement called : Ijma' Bayani. This Ijma' be able to decide the problem (Hujjah). The Hadist explanation by Tabrani from Ibnu Abbas "Whoever desired something a case, then he making negotiate with other Moslems, therefore Allah will help to choose which a case is the Truth. This research is a samples are individuals, descriptive research. The and the method is survey approach. The samples will be taken half because extensive of Medan city and population. Kind of sample is a probability sample. Four subdistrics will be chosen as population representative. The four subdistrics are Medan Kota, Medan Baru, Medan Johor and Medan Timur. The result shows that deliberation as a method of solving legacy distribution out of jurisdiction in city. of Medan is carried out and society knowledge to the system of Islamic Law is good So from the way of Islamic Law, solving legacy distribution deliberation is permitted as long as the known by all the legal heir. by condition is known by all the legal heir.