Hibah Sebagai Instrumen Preventif Dalam Meminimalisir Potensi Sengketa Waris Di Lingkungan Keluarga: Analisis Hukum Islam Dan Persfektif Yuridis

Abstract

Inheritance disputes are a crucial phenomenon in Indonesia that often leads to fractures in fraternal relations and the burden of litigation in court. This study aims to analyze the legal position of grants from the perspective of Islamic Law (KHI) and Positive Law (KUHPerda), as well as evaluate their effectiveness as a preventive instrument in mitigating the risk of family conflict in the future. The research method used is normative juridical with a statutory approach and a conceptual approach.

The results of the study show that grants have a strong legal position as a pre-distribution medium for wealth. In Islamic Law, grants provide flexibility through voluntary grants with a maximum limit of 1/3 of the property (Article 210 of the Civil Code), while in the Civil Code, grants provide legal certainty through authentic deeds (Article 1666). The effectiveness of grants as a measure to mitigate conflict stems from three main mechanisms: (1) Emotional transparency, where the grantor can provide a logical explanation directly to potential heirs to reduce jealousy; (2) Legal certainty, through the use of Notary/PPAT deeds that have perfect evidentiary power; and (3) Proportional justice, which allows the distribution of property based on special needs or child service without violating the rigid nature (ijbari) of faraid law.