Tinjauan Hukum Islam Terhadap Penggunaan Uang Takziah Oleh Ahli Waris (Studi Kasus Kelurahan Sepinggan Baru, Balikpapan Selatan)

An Islamic Law Perspective on the Use of Condolence Money by Heirs in Sepinggan Baru, South Balikpapan

Abstract

This study discusses an Islamic law review of the use of condolence money by heirs in Sepinggan Baru Subdistrict, South Balikpapan. The research is motivated by differing public views regarding the legal status of condolence money, whether it is considered inheritance property, a grant, or charity. These differences in understanding have the potential to cause disputes among heirs regarding its use. This study aims to identify the practice of using condolence money by heirs and to analyze its legal position according to Islamic law. This research employs a qualitative method using normative juridical and case study approaches. Data were collected through interviews, observations, and documentation, and then analyzed using the perspectives of Islamic law and Islamic inheritance jurisprudence. The results show that condolence money is a form of social assistance given to the bereaved family as a grant or charity to ease post-death burdens. Therefore, condolence money is not categorized as inheritance property (tirkah) because it does not originate from the deceased’s assets before death. The use of condolence money by heirs is permissible as long as it is carried out properly, fairly, and in accordance with the purpose of its provision without causing disputes within the family. This study is expected to serve as a reference in understanding the management of condolence money from the perspective of Islamic law.