Abstract
Introduction to The Problem : Slaves and slavery had existed since before Islam preached by Muhammad (PBUH). Islam provides gradual problem-solving methods regarding slavery; one of them is through inheritance. In Islamic Law terms, it called al-walā’ or liberated slaves. The slave that freed by the master will gain the estate from him. However, slavery is now viewed as merely an academic discourse since it is considered no longer exist. Purpose/Objective Study: The purpose of this research is to find out the legal standing and legal effect of al- walā’ in the Islamic Inheritance Law. Design/Methodology/Approach: This study is classified as a normative study. The study employed secondary data obtained from the literature review on al- walā,’ and it analyzed descriptively using the conceptual approach. Findings : The study found that the substance for al- walā’ in the Islamic Inheritance Law of inheritance is to liberate slavery through legal descent-based kinship ( nasab ḥukmī). A person who frees the slaves holds al- walā’ right. Accordingly, he has the right to inherit the slave’s wealth when the slave dies and does not have any inheritors. Second, al- walā’ brings a legal effect on the freed slaves, namely, the person who releases the slave, the slave’s left wealth, guardianship, legal competence, and the inheritance itself.
Highlights
Introduction to The ProblemSlaves and slavery had existed since before Islam preached by Muhammad (PBUH)
Wealth is contested by an unlimited number of humans
According to the division of position described by Arto (2012), there are three objects of al-walā
Summary
Introduction to The ProblemSlaves and slavery had existed since before Islam preached by Muhammad (PBUH). Findings: The study found that the substance for al- walā’ in the Islamic Inheritance Law of inheritance is to liberate slavery through legal descent-based kinship (nasab ḥukmī). A person who frees the slaves holds al- walā’ right He has the right to inherit the slave’s wealth when the slave dies and does not have any inheritors. As a living creature, possesses two instincts, namely instinct to survive and to continue life (Muhibbin & Wahid, 2009) They are given two desires, namely, passion for survival and the lust desire toward the opposite sex for carrying on the descent. Due to those both desires, to preserve their existence, humans tend to gain and own wealth. Wealth supposed to be used to meet the basic human need; when human fails to control the way they collect wealth, they may be plunged into evil deeds
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