PROBLEMATIKA PASAL 174 AYAT (2) KOMPILASI HUKUM ISLAM: TINJAUAN TERHADAP DASAR-DASAR HUKUM YANG MENDUKUNGNYA

This discussion describes the problem of inheritance girls who spend all their parents' inheritance, this arises when Qur'anic verse clearly states that share for if they are not accompanied by boys will only get half alone, while two or more two-thirds. total inheritance. The Compilation Islamic Law (KHI), which is main reference Indonesian Religious Courts in resolving problems Muslims, requires daughters to entire after father, mother, husband wife. generally illustrated Article 174 paragraph (2) KHI, so existence article seems be very contrary qath'i argument girls. purpose paper describe KHI Indonesia, precisely Courts, as well legal arguments support it certainly order. Based on discussions have been carried out, was found application intended has often occurred started from Supreme Court Decision No. 86 K/AG/1994 and No.184 K/AG/1995 forerunners every existing decision. Then supporting also numerous, starting opinion Ibn Abbas ra, Shia School, an scholar, namely Muhammad Syahrur Hazairin expert Indonesia.