Ijtimaiyya (Oct 2017)

KONSTRUKSI HUKUM ISLAM TENTANG PEMBATALAN DAN PENCABUTAN WASIAT

  • Nurnazli Nurnazli

Journal volume & issue
Vol. 9, no. 2
pp. 77 – 96

Abstract

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Washiyah (will, testament) is the message delivered by someone before his death with a wealth legacy or other messages outside wealth legacy. Washiyah is one of the ways used by the Muslims to get closer to Allah at the end of his life, so that goodness increases. Washiyah can be done without the presence of the recipient, and even carried out in writing, hence washiyah is part of the contract unilaterally. In the construction law, a washiyah can be revoked or canceled. Revocation and cancellation, in construction law, are two different things. Revocation will typically be done before the intestate dies because there are certain reasons that urge washiyah revocation. While the cancellation will usually occur when nonfulfillment of the terms that are subjective or objective related to the washiyah. On the other hand, the cancellation will be done with the procedure that conform with the law. This article will further explore this focus.