The Dynamics of Family Property Arrangement before the Opening of Inheritance in the Perspective of Islamic Inheritance Law

Abstract

The arrangement of family property before the opening of inheritance often raises problems when the family plan or agreement is considered as a final distribution of inheritance. This study aims to analyze the form of family property arrangement before the opening of inheritance and its legal position and consequences based on Islamic inheritance law. This research is normative legal research with a statutory approach and a conceptual approach. Primary legal material is in the form of a Compilation of Islamic Law (KHI), while secondary legal material includes books and journal articles on Islamic inheritance law and the Kediri Religious Court Decision Number 324/Pdt.G/2010/PA. Kdr as a judicial illustration in analyzing the grant model. Legal materials were collected through literature studies with inventory, identification, and classification techniques, then analyzed qualitatively using descriptive-analytical methods. The concept of Penentuan Sebelum Pembagian (PSP) developed by the Centre for Mawarith Studies (CMS), Universitas Darussalam Gontor, is used as an analytical knife to distinguish the phase of determination (al-taqsim) and the phase of division (al-tauzi'). The results of the study show four models of arrangement, namely family deliberation, appointment of assets to potential heirs, wills, and grants, which have different legal positions and consequences. Deliberation and appointment of assets do not automatically transfer ownership, whereas wills and grants are subject to the provisions of their respective laws. This research emphasizes the importance of ascertaining the status of the assets and rights of the parties before the division is made. The PSP framework helps to distinguish the determination of rights from the exercise of division without superseding the provisions of the farāʾiḍ.