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MUSLIM AWARENESS IN SCIENCE OF FARAIDH SYSTEMS

Khifni Kafa Rufaida


Ngudi Waluyo University
khifnikafarufaida@gmail.com

Abstract
Islamic Inheritance Law basically applies to all Muslims in the world. But in fact, a true
Muslim society must obey Mawaris jurisprudence is actually more leave even forget this
science. Because it is no longer a concern for Muslims, finally arose some disputes between
families which is really due to the neglect of science faraidh which has been arranged by God
for the benefit of his people. It is important for the writer to contribute how to build
awareness of the existence of Muslim faraidh science in the division of inheritance system.
In this study, the method used to address the problem is normative. Methods of data
collection in this research is done by: Library Researchand Field Research. The analytical
methods used this research is qualitative analysis method.
Awareness of the importance of the science of inheritance can be grown in a way
memperlajari faraidh science. By studying faraidh will automatically raise awareness faraidh
to apply science in the division of the inheritance. The author argues that this faraidh science
should be included in a curriculum in Madrasah Diniyyah. The principle of peace is a
justifiable manner, so that the atmosphere can be established brotherhood. Throughout the
peace was not meant to proscribe lawful or justify the unlawful, then it is allowed. The
author thinks that the lack of public knowledge about the law faraidh a major cause of the
low awareness of the use of science in the division of islamic inheritance/faraidh.

Keywords: Awareness; Faraidh; Muslim.

A. INTRODUCTION synonymous with religion,1 whereas in


Life and life is a gift and given the special Shari'asense include
pleasure of Allah to mankind. Life is a religious law, muamalah and others.2
mandate that will be held responsible Sharia rule governing the direct
by Allah SWT. Islamic Inheritance Law relationship between man and man
basically applies to all Muslims in the commonly called muamalah this rule
world. So that people can live in covers in which the law of marriage,
accordance with God's will need a inheritance and so forth. Inheritance
guidance in the form of a code of law is one muamalah should receive
conduct or attitude called Shari'a. special attention. Inheritance law is the
As word of Allah in Surah al- law governing what should happen to
Jasiyah paragraph 18 provides Shari'a the assets of a person who died, in the
sense that covers all aspects of the sense of the law governing the transfer
Islamic religion. In a general sense
1 Mardani 2013, Hukum Islam, P. 10 see Rahmi
Hidayati, Dinamika Hukum Islam dalam Lintasan
Sejarah, Jakarta: Referensi P. 2
2 Abdul Aziz Dahlan, et al. (Eds), The Encyclopedia
of Islam, Vol 6, P. 301

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Volume VI No.1 Januari – April 2019 Khifni Kafa Rufaida 1
of wealth left by someone who had In fact, science is science
died, and the consequences for the faraidh largely forgotten by Muslims. A
heirs. The legal system of inheritance true Muslim society must obey Mawaris
prevailing in Indonesia, among others, jurisprudence is actually more leave
customary inheritance law, inheritance even forget this science. Because it is
law western and Islamic law. no longer a concern for Muslims, finally
By virtue of the Supreme Court arose some disputes between families
dated May 8, 1991 No. MA / kumdil / which is really due to the neglect of
171 / V / K / 1991 determines that the science faraidh which has been
natives Indonesia applicable arranged by God for the benefit of his
inheritance law customary for people.
European descent and equivalent and It is important for the writer to
tionghoa applicable inheritance law the contribute how to build awareness of
west and to the descendants Foreign the existence of Muslim faraidh science
Orientals (Arabic, Hindu, Pakistan, in the division of inheritance system.
etc.) applicable laws of the ancestors.
After the promulgation of B. RESEARCH METHODS
Islamic Law Compilation Indonesian The method is a procedure or a
Presidential Instruction No. 1 of 1991 procedure to find something that has a
concerning the issue of inheritance of systematic measures. The method is a
Indonesia's population is Muslim framework to perform an action, or a
regulated in Book II Inheritance Law, framework of thinking constituent
Article 171 to Article 214 under the ideas, regularity, trending, contextual-
supervision of the Religious Courts. worthy (relevant) with the intent and
Top sources in formulating purpose. Briefly the method is a
Islamic Law Compilation (KHI) is the system to do because it is a system,
Qur’an and Al-Hadith. Of course, the then the method is a set of elements
problems of inheritance are governed that form a unity.3 Hadari Nawawi
KHI also refers to already spoken of found that a desired goal successfully,
Allah in the holy book. Allah says in it will need a method. The method that
Surah An-Nisa verse 11: God (require) is essentially the means used to
you about the division of inheritance achieve the goal, then the general
for your children. That is part of a boy purpose of the research is to solve the
equal to 2 (two) daughters. in the next problem of the measures used should
verse “It is the decree of Allah, verily be relevant to the issues formulated.4
Allah is Knower and Wise.” In the Research is an activity inquiry
Hadith, the Prophet Muhammad SAW conducted under the scientific method,
said: ”Learn faraidh and teach in systematically to find a technical and
humans because faraidh is half of the scientific information or new
science and be forgotten. technologies, needs the truth or
Faraidhscience that was first removed
from my people. Faraidh science is the 3 Husaini Usman and Purnomo Husaini Usman
study of who is entitled to inheritance 1995, Metodologi Penelitian Sosial, Jakarta:
and who is not entitled to and also Bumi Aksara, P. 42
how the size for each heir. 4 Hadari Nawawi 1983, Metode Penelitian Bidang
Sosial, Yogyakarta: Gajah Mada University Press,
P. 6

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untruth of hypotheses that can be then analyzed and translated to
formulated theory or process natural produce a conclusion as an answer to
or social phenomenon.5 Of the problems studied.
Understanding methods and research Methods of data collection in
above, it can be concluded that the this research is done by: 1) Library
research method is a method or way Research by studying, analyzing and
to solve a problem that exists, in order understanding of the provisions of the
to define, locate develop or test the Qur’ an, Hadith and KHI on Islamic
truth of knowledge by collecting, Inheritance Law to determine the level
compiling, and interpret words in of public awareness in applying
accordance with guidelines and the Mawaris Islamic law (faraidh). 2)
rules applicable to a scientific work.6 FieldResearch, in this case the author
As for the study of law itself is conducted research to see phenomena
defined as the scientific activities that (facts) within the community. The
are based on methods, systematic and analytical methods used this study is a
specific rationale which aims to study qualitative analysis, which means all
one or several types of symptoms of the data that has been collected is
certain laws by analyzing, but it also done processing the data of a primary
held an examination of the legal facts, and secondary, so it can be deduced
to then seek a solution to the problems that first made an assessment of the
incurred in the relevant legal results of processing these data,
symptoms.7 namely the data analysis process.8
In preparing this article, the
author did some stage in the study as C. DISCUSSION
follows: 1. Islamic Inheritance Law
The method of approach. (Faraidh)
Specifications research. Islamic Inheritance Law also
Method of collecting data. called faraidh. Faraidh is the plural of
The method of analysis and the word al-faridhoh which is taken
presentation of data. from the word al-fard,9 means
In this study, the method used provisions. Thus, the word faraidh or
to address the problem is normative faridhoh means the provisions of
meaning in the study adhered to the anyone who included heirs entitled to
secondary data consisting of the inheritance, the heirs who are not
Qur’an, Hadith, Compilation of Islamic eligible, and how many parts are
Law and the Law on Religious Courts. acceptable to them.10
Specifications research used is
descriptive analytical means to
describe the regulations and
associated legal theory and practice of 8 Ibid, p. 68.
9 The word Fardh means the provision or
positive law concerning the problems, administration. View Hussein Amin Nasution,
Hukum Kewarisan.. P. 49. Fardu in the Qur’an
5 Bambang Wahyu 1991, Penelitian Hukum Dalam understanding which contains several
Praktek, Jakarta: Sarana Grafika, P.2 provisions (al-Baqarah: 197), liabilities (Surat
6 Ibid, p.3 al-Qasas: 85).
7 Masri Singarimbun 1983, Metode Penelitian 10 Ahmad Rofiq 2012, Fiqh Mawaris, Jakarta: PT.
Hukum,Jakarta : LP3S, P. 8. King Grafindo Persada, P. 3

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Volume VI No.1 Januari – April 2019 Khifni Kafa Rufaida 3
Faraidh science including them as a gift to others. So this was
science highest danger level, the the one faraidh science one of the
highest position, the greatest reward, provisions which respect the existence
because of the importance of science of women.
faraidh, God alone to determine the The rights associated with
dose / share. God explained existing legacy five (5) to be executed
inheritance allotments obtained by sequentially if all that there are,
each heir, spelled out the numbers in among others, as follows:
some of the scripture is clear. Why did 1) Excluded from the estate of
God until such decisive part, because deceased settlement needs, such
the property and the division is the as the shroud and others.
source of human greed. That is why 2) The rights associated with
God directly set up their own division abandoned items, such as loans
as well as the details in the verses of with a guarantee of goods and
the Qur’an, flattening it between the semisalnya.
heirs and beneficiaries in accordance 3) Repayment debt, whether it is
with justice that he knew. related to God like charity,
In the terminology of science expiation and so on, or which
faraidh or Mawaris science is science relate to human beings.
which deals with matters of transfer of 4) Action.
inheritance from a person who has 5) Division of inheritance
died to the heirs who are still alive, Pillars of Islamic inheritance
both on the property has been there are three (3) namely: Al-
abandoned Yag, who is entitled to Muwarrits, are deceased; Al-Warits,
receive the inheritance, how many that he was still alive after the death of
parts each their heirs, as well as how Al-Muwarrits;Alhaqqul Mauruts, namely
the settlement division of the treasures. While the causes of
inheritance. Hasbi Ash-Shiddiqiy inheritance, among others:
Mawaris jurisprudence defines as a 1) Marriage with the correct
study of who gets the inheritance and contract, only with the marriage
who does not get the heritage, levels ceremony husband can get his
received by each heir and method of wife's inheritance and wife could
apportionment.11 receive rations of her husband.
In days of yore, the Jahiliyyah, 2) Nasab (Offspring), which is a
they simply divide the property for relative of an upward direction as
adults without children, to men and parents, offspring like a child, to
women did not leave. Damage is the side like a brother, uncle and
increasing because of the Jahiliyyah at their children.
the time they allocate to women what 3) Trusts, which ashobah caused
is not theirs out of the position, jobs merit to his slaves by making it
and possessions. Finally, Islam makes free, then he is entitled to get the
provision to do justice to women and inheritance if there is no ashobah
glorify it, give the appropriate rights to of offspring or absence ashab
furudh.
11 Hasbi As-Shiddiqiy 2001, Fiqhul Mawaris,
Semarang: Rizki Putra Library, P. 8

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In addition to 3 causes of done to create a benefit. Islam
inheritance, there are also three (3) provides for the division of inheritance
barrier heir namely: so as to prevent disputes and disputes
1) Slavery: A slave could not inherit among his people. This is because the
nor get heir, because he death is often left a deep sorrow
belonged to the master. because of a dispute between the heirs
2) Killing without foundation: Killer due to inheritance. To anticipate Islam
not entitled to inheritance of the regulates the division of inheritance in
people he killed. ways that can be used as guidelines.
3) Religious differences: a Muslim Actually, why Islam requires Muslims
does not inherit the infidels and to learn and teach science faraidh
heathens did not inherit a because the Prophet says that science
Muslim. is the science of inheritance will first
be lifted my ummah. As the hadith
2. Muslim Awareness In Science narrated from Abu Hurairah RA:
Of FaraidhSystems
God created in the form of ‫ يا أبا هريرة‬:‫عن األعرج قال قال رسول هللا‬
Islamic law demands, as well as ‫تعلمواالفرائض وعلموها فإنه نصف العلم وإنه‬
instructions to ban to attain a sense of ‫ينسى وهو أول ما ينزع من أمتي‬
peace, tranquility, and avoid other
desrepute. In general, the purpose of From A'raj Radhiyallahuanhu
the law creator (Syari’) in setting its that the Messenger of Allah said, "O
laws are for the benefit and interests Abu Hurayrah, learn and teach science
and happiness of mankind, whether faraidh. Because he is half of the
happiness in mortality (temporary) is, science and forgotten. And he was the
and happiness in the afterlife baqa first to be deprived of my people".
(eternal) later.12 The purpose of (HR. Ibn Majah, Ad-Daruquthuny and
Islamic law so it can be captured on Al-Hakim)
the word of Allah in Surah Al-Anbiya By studying and teaching this
verse 107: “and We sent thee but to science should be to maintain the
(become) a mercy to the worlds”. existence of science faraidh.
According to Zainuddin Ali, the Unfortunately, when many people are
general purpose of the creation and studying the Qur’an but not
establishment of the law by God for accompanied by enforcing what is
the benefit, welfare and happiness of commanded in the Qur’an an one
mankind, both globally and in provision faraidh science. Faraidh
Baqa(hereafter).13 Including the awareness to study is very important
provisions of Islamic law on the because in the opinion of legal scholars
division of inheritance faraidh science faraidh The work that the law is fard
kifayah. Fardhu kifayah is if there are
some people who do, it can abort
12 Suparman Usman 2001, Hukum Islam, Asas-
Asas dan Pengantar Studi Hukum Islam in some other person. However, if none
Tata Hukum Indonesia, Jakarta: Gaya Media of the people who carry it out, then all
Pratama, P. 66
13 Zainuddin Ali 2006, Hukum Islam: Pengantar
Ilmu Hukum Islam di Indonesia, Jakarta: Sinar
Grafika, P. 3

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Volume VI No.1 Januari – April 2019 Khifni Kafa Rufaida 5
Muslims to bear sin, due to neglect of Then how to cultivate this
an obligation.14 awareness before the author discusses
How the division of inheritance how to develop awareness of the
according to Islam, this is a must and importance of science faraidh, the
binding upon every Muslim, whether author will explain in advance about
pious or not pious. If deliberately did the causes of the tendency to ignore
not discharge this obligation then science faraidh. First, the normative
clearly a religious offense. Various division of inheritance must be made in
reasons are the basis for a waiver of accordance with the science faraidh
this faraidh science. One of them is the but in reality people will prefer to
goal of harmony, the real reason for divide the inheritance with the family.
this was not grounds to ignore the Moreover, the division of kinship has
science. Because nothing is more wise been backed normative rules in the
and fair, but that has been set by Allah Compilation of Islamic Law, namely
SWT. If studied faraidh, kifayah, then Article 183 “heirs may agree to peace
what is the legal use faraidh science in in the division of inheritance after each
the division of the Islamic heritage? realized parts”. But the reality is that
Prophet explicitly ordered his the people are not aware of their share
followers to carry out the division in in accordance with the shari'ahat
accordance with the provisions Islam. Principle of the family is
outlined in the Scriptures of the Qur’an considered as the principle of the most
namely in the letter of An-Nisa’ profitable in the division of inheritance,
Paragraph 7. From the Word of God in for example parts of the male: female
Surah An-Nisa, we can conclude that 2: 1 is not recognized in customary
the law to implement and practice the inheritance law. Second, the public
division of inheritance in accordance assumption that science is only one
with the shari'ah at Islam is obligatory way faraidh division of inheritance
(fard ayn) for every Muslim. Islam, may also be used or
Raise awareness for every abandoned. Third, the new faraidh
Muslim to use faraidh the division of Science used as guidelines after their
inheritance is very important. Why is split, in this case the prevention of
that? for inheritance by a muslin that is family breakdown are not heeded.
not adapted to faraidh then he is Fourth, in the State of Indonesia
considered to have eaten something procedure division of inheritance in
that is not a right. As word of Allah in Islam too complicated namely by
Surah An-Nisa verse 29: O you who submitting an application in the
believe, do not you eat up the property Religious Court. As stipulated in Article
of others with false. To avoid yourself 49 letter b Law Religious Courts “duty
from this vanity takes possession of a and authority to examine, decide and
Muslim should be submissive and resolve cases at the first level among
obedient to the faraidh science in the people who are Muslims in the areas
division of inheritance. of: b) inheritance.”
In this legacy problem can be
reached by two (2) ways, among
others:
14 Otje Salman S. dan Mustofa Haffas, Hukum
1. Suit
Waris Islam, Bandung: PT Refika Aditama, p. 4

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In the case of the lawsuit, then in the authors found this faraidh science
this case there is a dispute about should be included in a curriculum in
inheritance objects are usually Madrasah Diniyyah. By incorporating
due to an heir who does not want science faraidh in this Madrasah
to divide the inheritance, causing curriculum there will be more Muslims
conflict among heirs. The end of who are studying faraidh early. With
the lawsuit process will result in a the awareness of the importance of
decision. science faraidh the breakdown of the
2. Petition family in the division of inheritance can
In the case filed with the Court be avoided in such a way.
Religion is a request, then in this The birth of Islamic Law
condition there is no dispute. The Compilation (KHI) has given a new
petition against the religious nuance to the inheritance law in
court will issue a legal product Indonesia. Unfortunately, KHI which is
called determination. The actually listed as as a great feat
application process can be achieved by Muslims, it does not fully
submitted to the Religious Court require Muslims to obey and comply
by way of petition signed by the with the faraidh. For example, there is
applicant or attorney authorized a provision stating that the heirs may
and directed to the courts that agree or reconcile to determine the
covers the residence Requests division of the inheritance. meaning
(Article 118 HIR / 141 Rbg.) there is absolutely legally faraidh. This
According to the author the means that in this case there
application procedure to the courts ketidakkonsisntenan forming Act in
that such in setting heirs may trigger making the rules of Islamic law which
the low awareness of Muslims to use is in accordance with the Qur’an and
Islamic inheritance. Moreover, the Hadits. Then how restrictions in using
length of the judicial process in the the principle of peace in accordance
religion difficult to ascertain. This is with Article 183 of Islamic Law
what should be addressed so as not to Compilation.
result in a waiver of the provisions of Inheritance is such, in fact has
Allah regarding inheritance. In been repeatedly made by the Islamic
addition, religious leaders in the community in Indonesia. These
community should be a model for systems allow the Muslim community
surrounding Muslim community to to choose which way they want in the
enforce a provision of the Mawarislaw. division of inheritance. Do you think
Awareness of the importance of faraidh, customary law system or by
the science of inheritance can be other means as agreed. With this
grown in a way memperlajari provision, it is possible the one of the
faraidhscience. By studying faraidh will heirs who will hand over all of his
automatically raise awareness faraidh estate to the heirs of the other. For
to apply science in the division of the example, boys will be handing over
inheritance. But unfortunately, this part of his right to his sister. In other
knowledge will not be touched by the words the boy willingly hand over all of
Muslim community who are not his estate was to his sister. This can
educated in boarding schools. For that,

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Volume VI No.1 Januari – April 2019 Khifni Kafa Rufaida 7
happen when economically tad more and determining the amount of the
affluent than the girl. amount of inheritance must be
Thus the division of inheritance grounded in science faraidh. The
which has become a habit and not element ta’awun in peace principle can
create problems among the heirs. This also be used without violating the rules
means that these habits have brought of science faraidh.
maslahah. Habits that cause this For example, boys had 2 parts,
maslahah called ‘urf. When looking for while girls get one part. Economically
a legal basis in the Qur’ an instigation tad more affluent, how to apply the
to terms contained in Surah Al-Hujurat elements ta’awun without prejudice to
verse 9: “And if there are two classes the legal fof araidhis fardhuayn. Boys
of those who believe that war be ye continue to receive its share is 2 part
reconciled between the two”. This of the inheritance. After the boy
verse clearly states, if there was a receives his share in accordance with
dispute between two groups of fellow Islamic law, he can give his share with
Muslims are required to be the street Grant. Islam allows for the
reconciled.15 grant of course that is conducted in
The principle of peace is a accordance with what ruled by Islam.
justifiable manner, so that the In anticipation of a violation of
atmosphere can be established the rules of Islamic law, or commonly
pesaudaraan. Throughout the peace referred to faraidh hence the need for
was not meant to proscribe lawful or learning about what and how science
justify the unlawful, then it is allowed. faraidh. For the writer considers that
Then the question arises which one the public's knowledge about the law
takes precedence an obligation (fard that is still very shallow faraidh is the
ayn) or the common good,author state main cause of the low awareness of
that provision had been shari’a of God the use of science in the division of
must have been set in a fair and inheritance faraidhof Islam.
judicious including provisions on the
Islamic inheritance. The author has D. CONCLUSION
been describe above, that the law is Faraidh science including
fard kifayahof faraidh study was law science highest danger level, the
observance is fard ayn. Peace principle highest position, the greatest reward,
in Article 183 KHI which incidentally because of the importance of science
contains good elements indeed their faraidh, God alone to determine the
long as it is not intended to proscribe dose / share. God created in the form
lawful or justify the unlawful, so is the of Islamic law demands, as well as
case with the division of inheritance. instructions to ban to attain a sense of
Do not get us as Muslims ignore fard in peace, tranquility, and avoid ugliness,
with a plea for common benefit. The etc. In Surah Al-Anbiya verse 107:
author argues that whatever the “and We sent thee but to (become) a
situation is the determination of heirs mercy to the world”. Including the
provisions of Islamic law on the
15 Baharuddin Ahmad 2015, Eksistensi dan division of inheritance faraidh science
Implementasi Hukum Islam di Indonesia, done to create a benefit. Islam
Yogyakarta: Penerbit Pustaka Pelajar, P. 277-
provides for the division of inheritance
278

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8 Khifni Kafa Rufaida Volume VI No.1 Januari – April 2019
so as to prevent disputes and disputes Muslim community who are not
among his people. This is because the educated in boarding schools. For that,
death is often left a deep sorrow the authors found this faraidh science
because of a dispute between the heirs should be included in a curriculum in
due to inheritance. To anticipate Islam Madrasah Diniyyah. By incorporating
regulates the division of inheritance in science faraidh in this Madrasah
ways that can be used as guidelines. curriculum there will be more Muslims
Studying faraidhis fardh kifaayat being who are studying faraidh early. With
practiced division of inheritance in the awareness of the importance of
accordance with the shari'ah at Islam science faraidh the breakdown of the
is obligatory (fard ayn) for every family in the division of inheritance can
Muslim, then the inheritance by a be avoided in such a way.
muslim that is not adapted to faraidh The principle of peace is a
then he is considered to have eaten justifiable manner, so that the
something that is not a right. atmosphere of brotherhood can be
Normatively division of inheritance established. Throughout the peace was
must be made in accordance with the not meant to proscribe lawful or justify
science faraidh but in reality people the unlawful, then it is allowed. In
will prefer to divide the inheritance anticipation of a violation of the rules
with the family. of Islamic law, or commonly referred
Awareness of the importance of to faraidh hence the need for learning
the science of inheritance can be about what and how science faraidh.
grown in a way memperlajari faraidh For the writer considers that the
science. By studying faraidh will public's knowledge about the law that
automatically raise awareness faraidh is still very shallow faraidh is the main
to apply science in the division of the cause of the low awareness of the use
inheritance. But unfortunately, this of science in the division of inheritance
knowledge will not be touched by the faraidhof Islam.

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Volume VI No.1 Januari – April 2019 Khifni Kafa Rufaida 9
BIBLIOGRAPHY

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Hadari Nawawi, Metode Penelitian Bidang Sosial, Yogyakarta: Gajah Mada University Press,
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Rahmi Hidayati, Dinamika Hukum Islam dalam Lintasan Sejarah, Jakarta: Referensi, 2013.
Masri Singarimbun, Metode Penelitian Hukum,Jakarta : LP3S, 1983.
Suparman Usman, Hukum Islam, Asas-Asas dan Pengantar Studi Hukum Islam dalam Tata
Hukum Indonesia, Jakarta: Gaya Media Pratama, 2001.
Otje Salman S. dan Mustofa Haffas, Hukum Waris Islam, Bandung: PT Refika Aditama.
Zainuddin Ali, Hukum Islam: Pengantar Ilmu Hukum Islam di Indonesia, Jakarta: Sinar
Grafika, 2006.

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10 Khifni Kafa Rufaida Volume VI No.1 Januari – April 2019

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