Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia . This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat . The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.


INTRODUCTION
It is undeniable that every human being who lives in this world will eventually experience death (Salma, 2021).The Islamic religion teaches that death is inevitable for all living beings.The death of every human being cannot be known or planned, everything is sudden (Choi et al., 2023).With death, people will feel anxious because they have lost their relationship with this world (Jin et al., 2023).As the hadith of the Prophet Muhammad PBUH narrated by Bukhari Muslim that there are three things that are attached to the deceased, where only one thing remains attached to him, namely the act of worship while in the world.Meanwhile, the other two things will be separated from him, namely his beloved family and the property he owns.
Therefore, death not only leaves grief for the family and relatives left behind, but also raises problems related to the legacy left by the deceased (Wang, 2022).Because death is one of the legal events that causes legal consequences for the family or relatives related to inheritance (Kusmayanti & Crisnayanti, 2019).The legacy left behind covers various aspects of family relationships, from wealth, custody, to bloodlines (Buse et al., 2019).The obligation that must be done after the event of death is to complete the worldly affairs of the heir before distributing the inheritance (Manfaluti et al., 2023).To ensure that the inheritance process runs smoothly and fairly, there are three main elements that must be met, namely the existence of an heir who is actually dead (Tarmizi, 2020), an heir who is still alive when the heir dies (Azziz et al., 2022), and an inheritance to be distributed (Huda et al., 2020).ISSN: 2808-5051 Interdisciplinary Social Studies, Vol. 3, No. 4, July-September 2024 2 The distribution of inheritance must be done fairly and in accordance with the provisions of Islamic law, as well as paying attention to the rights of each heir (Nasikhul & Al-Mabruri, 2017).The Qur'an clearly affirms the principle of justice in the distribution of inheritance as mentioned in Surah An-Nisa verse 7 which states that fair sharing will be better for mankind.In terms of the distribution of inheritance that Allah has set directly in the Qur'an, it should be obeyed as well as other commands of Allah SWT (Zuhra & Roslaili, 2021).Carrying out the distribution of inheritance according to sharia by Muslims will be guaranteed to get rewards from Allah SWT (Djuariah, 2022).
Before distributing the inheritance, the heirs are obliged to settle the heirs' affairs related to the inheritance.Among them is conducting an inventory of inheritance, because the heritage has not been fully distributed to the heirs.The obligation of the heirs to the heirs' inheritance is to settle all heirs' affairs such as paying all the remaining heirs' obligations.After tidying everything up, then the heirs can divide the inheritance.As much as possible, the issue of inheritance distribution should be worked on as soon as possible, because one of the hadiths says that postponing the distribution of inheritance can cause slander (M Jakfar et al., 2022).
The provision for accelerating the distribution of inheritance is not mentioned in the verses of the Qur'an or hadith, but in general the Qur'an and hadith provide guidelines that can help in understanding and resolving this problem wisely and in accordance with the teachings of Islam (Musawar, 2019).In fact, in life in society, the delay of distribution is often carried out for various reasons and considerations.For example, one of the respondents said that his family consists of a husband and wife who already have one son and two daughters.One day the husband (the respondent's father) died and the inheritance was only a house that was inhabited as a residence for them so that it was not possible to directly divide the inheritance.The consideration of postponing the distribution of such inheritance is a debate whether it is justified according to the teachings of Islam or not.
In addition, the impact of delaying the implementation of the distribution of inheritance will cause uncertainty about the amount of inheritance if one of the heirs who has not received the inheritance turns out to have died (Bolt, 2021).The heirs who passed away certainly left an uncertain amount of property because the portion of the inheritance that had been postponed for distribution had not been received.This can cause one to eat someone else's property.The lack of understanding of the history of heritage and the difference in interpretation regarding inheritance law add to family conflicts (Izuhara & Köppe, 2019).Especially if such a condition occurs in the future when the property has not been distributed to the next few generations.
In Islamic teachings, eating property that is not his right is avoided as much as possible, let alone inheritance, because it will cause a person to enter the fire of hell.Allah SWT says in Surah An-Nisa verse 29 which emphasizes the prohibition of eating the property of others in a null or illegitimate manner.The act of eating property that is not his right is included in the category of tyranny (dzalim) (Nurjannah & Setiaji, 2021).The Prophet PBUH also said as narrated by Bukhari and Muslims that He will be hostile to those who wrongfully destroy the property and honor of others until the end of time.Thus, the law of eating property that is not his right, including in the context of the distribution of inheritance, is strictly impermissible in Islam.Improper distribution according to the principles of sharia maqasid causes injustice.In addition, by eating treasures in a way that is not his, there is no place worthy of him other than hell (Till & Hum, 2021).Resolving disputes through litigation to the court is more draining, time, cost, even psychological and mental (Gusti Yosi Andry, 2022).
Delays in the distribution of inheritance can also cause conflicts among heirs in the family.When an heir who has not received his share of the inheritance dies, then there is a possibility that a new heir will appear.Lack of understanding of fiqh of Islamic inheritance is one of the factors causing disputes among families (Nasution, 2020).As a result, relatives feel entitled as heirs, because in Islamic fiqh inheritance there are known heirs of barriers (hijab), both nuqshon hijab and hirman hijab (Kamarusdiana et al., 2021).Such conditions can cause fraternal estrangement to the breakdown of friendship between families.The Prophet PBUH said that maintaining friendship is a means to get blessings and mercy from Allah SWT and by breaking the relationship will result in the loss of rewards that have an impact both in this life and in the hereafter.Unresolved inheritance disputes usually end up at the green table.From the difference in the inheritance distribution system used (Mutakabbir et al., 2023) to the delay in the distribution of inheritance followed by the death of some heirs who have not yet obtained their rights or munasakhat/Munasakhah (Sudirman, 2016), including one of the complicated cases in its settlement.Inheritance dispute settlement can be done in the District Court for non-Muslims or in the Religious Court for Muslims, in accordance with the provisions stipulated in the Religious Justice Law (Djuariah, 2022).
In previous research, no one has researched the application of the concepts of Tabayyun and Ta'awun in resolving inheritance disputes due to munasakhat.Previous research that discusses inheritance has indeed been carried out a lot, for example research conducted by (Ritonga & Nasution, 2021) which is more specialized in inheritance by munasakhat resulting from death due to natural disasters, while in the research conducted by the author also provides solutions through non-litigation channels by applying the concepts of Tabayyun and Ta'awun.Then the research conducted by (Karina Putri & Made Suwitra and Ketut Sukadana, 2020) which is more specialized in the share of inheritance obtained by the wife in getting a share in the munasakhat case, while in the research that the author conducts more on all heirs who are affected by delays or munasakhat.(M Jakfar et al., 2022) which emphasizes the causes of delays and the impact caused by delays, where the results of the study show that one of the effects of delay is the occurrence of disputes between family members to the breakdown of friendship.The difference in the research conducted by the author is that it not only analyzes the impact of conflicts between family members due to delays but also provides solutions for non-litigation settlements.
The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the distribution of inheritance that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia.This research is important to provide understanding and knowledge about the delay in the implementation of inheritance distribution which can trigger disputes and divide relationships in the family.

METHOD
Empirical juridical research was used to obtain a comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay in the distribution of inheritance or munasakhat.Secondary data in the form of legal materials regarding inheritance and the settlement of inheritance cases were obtained through literature studies.Primary data was obtained through structured and in-depth interviews with respondents consisting of legal practitioners, ustadz, and other related parties.From these two data, researchers can gain a direct understanding of existing practices, effective strategies, and problems faced in resolving inheritance disputes.The qualitative analysis method is carried out on all data that has been obtained and collected to obtain a more comprehensive understanding of inheritance disputes, ranging from the causes of inheritance disputes to the settlement of inheritance disputes, especially those arising from the occurrence of Munasakhah.

Postponement of the Distribution of Inheritance according to Udzur Syar'i and Its Consequences
The delay in the distribution of inheritance from the perspective of Islamic law is indeed one of the crucial issues because it can trigger various conflicts among heirs.Islam recommends immediately dividing inheritance to avoid the possibility of inheritance disputes and causing injustice to the rights of heirs (Rahmawati et al., 2016).However, there are several reasons that are permissible according to sharia (udzur syar'i) that allow the postponement (Djuariah, 2022).
One of the udzur shari'i recognized in Islam is the lack of clarity in the identification of the right heirs.For example, if there are heirs whose existence is unknown whether they are alive or not, fetuses that are still in the womb, unclear gender or khuntsa (Baits, 2020).Other sharia udzur includes conditions where inherited property in the form of illiquid assets, such as property or houses that need time to be sold or adjusted in value first.Regarding inheritance in the form of a house, respondents gave different reasons for delaying the distribution of inheritance, including hesitancy because the father / mother is still alive, maintained as a house of memories, the process of selling the house or land is not smooth, and the house is inhabited by the eldest sibling.
The perspective of maqasid as-sharia views the postponement of the distribution of inheritance which is contrary to the recommendations of Islamic religious teachings as an implementation in achieving justice and welfare for all parties.Imam Ghazali, one of the classical scholars, was the first to propose and develop the concept of maqasid as-shariah (Jauhari, 2018).He identified five main goals of sharia known as al-dharuriyyat al-khams (five basic principles), namely the principle of hifdz ad-din (religion), the principle of hifdz al-nafs (soul), the principle of hifdz al-'aql (intellect), the principle of hifdz al-nasl (descent), and the principle of hifdz al-mal (wealth) (Setiant, 2019).
With these five basic approaches, postponement is not a form of sharia violation, but rather a wise step to ensure that the process of inheritance distribution is carried out in the fairest and most beneficial way for all parties in accordance with Islamic principles (Muna, 2022).The postponement of the distribution can be used to ensure that all parties understand their situation and rights, especially the understanding of Islamic heritage fiqh.Deferral can provide time to identify and verify all legal heirs (kinship) so that disputes do not arise at a later date.Postponing the distribution can give time to sell the house at a reasonable price, so that the value of the inheritance does not decrease.Therefore, based on the concept of maqasid as-sharia, the postponement of the distribution of inheritance is allowed for the benefit of the people.
However, the beginning of the conflict grew when one or more of the heirs died before receiving their share of the inheritance due to the delay in the implementation of the distribution.It is possible that new heirs will appear from the heirs who died before receiving their inheritance rights.As an illustration, it is explained in the decision of the Majalengka Regency Religious Court Number 1368/Pdt.G/2022/PA.Mjl, starting with the filing of an inheritance dispute lawsuit due to unlawful control of the object of the inheritance dispute.Mediation to reconcile the dispute did not find an agreement, so the case was continued to the trial stage.It is known that after getting married, a couple bought a house to foster a household.However, until the husband died, they were still not blessed with a child from the marriage.The wife, as a widow, also decided not to remarry until the end of her life.After the wife died, an inheritance dispute arose where the wife's younger brother felt entitled to the house that his brother used to occupy because it was a heritage property.From the evidence shown in the court hearing, it turns out that the house as the object of the inheritance dispute is a common property (gono gini) that has not been divided since the husband died.Therefore, the brother and sister of the husband also feel entitled to the house so that after the death of the wife, the object of the inheritance dispute is occupied by the sister of the husband.
Such a condition is called Munasakhah or munasakhat (Barakah et al., 2015), because the distribution of inheritance is not immediately carried out when the husband dies.It is important for heirs to remain open and honest about the reasons for the delay in the distribution of the inheritance.This openness will help minimize potential conflicts and ensure that any action taken is in accordance with the principles of justice taught in Islam.Not immediately distributed without the agreement of the heirs (Judge, 2023) or udzur sharia can be considered an unfair act (M Jakfar et al., 2022) and also the cause of inheritance disputes between families (Djannah & Rizal, 2020).
Book II of the 2013 Revision concerning Guidelines for the Implementation of Duties and Administration of Religious Courts, the term Munasakhah is not specifically mentioned but is interpreted as the distribution of inheritance whose heirs have been in stages due to the delay in distribution, so that a clear division is needed for each level of heirs and their inheritance (Erfani et al., 2022).The position of the heir at each level must be detailed and affirmed, both as an heir and as an heir if he later dies, along with his inheritance and the share that should have been received while he was alive.
In Munasakhah, there are two or more deaths in a row, namely the death of the heir who left the inheritance, and the death of the main heir who should have received the inheritance but died before the distribution was made.Therefore, it can be seen that the elements of Munasakhah include the inheritance has not been distributed to the heirs, the death of one or more heirs, and the emergence of new heirs who are entitled (Mardani, 2014).
In addition, the characteristic of Munasakhah inheritance is that it focuses on the distribution of tirkah from the last deceased heir.Some of the last heirs are still in the inheritance that has not been distributed, so careful and clear calculations are needed.Therefore, the settlement of inheritance distribution in the case of Munasakhah is carried out by first calculating the share of inheritance from the first heir to all his heirs with the aim of determining the inheritance that should be received by the second heir (who dies later).Furthermore, inventory the heritage of the second heir, including the portion obtained from the first heir, to be distributed to the heirs.Once all heirs are involved in the inheritance process, the division is carried out gradually from heir to main heir, then to his successor (Thalib, 2018).
In addition, the certainty of a new heir also needs to be considered because in such a case there are three different circumstances related to the new heir in the condition of munasakhat, namely (Ash-Shabuni, n.d.): 1) Does not give rise to new heirs.For example, a husband dies leaving his wife, one son and two daughters, then before the husband's inheritance is distributed, it turns out that the wife dies and leaves behind the three children.So such a condition does not give rise to new heirs who are entitled to it.2) It does not create new heirs but changes the status of its heirs.For example, a husband dies leaving his wife, a son and two daughters, then before the husband's inheritance is distributed, it turns out that a daughter dies leaving her mother and two siblings.So the status of the wife changes to mother and the child changes to siblings.3) Giving rise to new heirs.For example, a husband dies by leaving his wife and siblings, then before the husband's inheritance is distributed, it turns out that his wife died leaving three siblings.So the distribution of the husband's inheritance is different from the distribution of the inheritance of the deceased wife.

Tabayyun and Ta'awun Concept
The delay in the distribution of inheritance based on udzur shar'i should not cause disputes in the future, considering the possibility of Munasakhah.The concept of maqasid as-sharia from Imam Al-Ghazali, especially the principle of hifdz al-mal which aims to ensure that property is obtained, managed, and used in a legal, fair, and beneficial manner.For this reason, guidance from scholars, ustadz, or Islamic jurists is needed.Not necessarily the parties can overcome the problem without help from experts.The role of experts is to guide

Interdisciplinary Social Studies
Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta'awun 5 and ensure that every decision taken remains within the corridor of Islamic law, maintain harmony and uphold justice, or can even minimize or eliminate potential disputes that may arise.
It is important for the parties, in this case the heirs, to continue to communicate openly and honestly regarding the reasons for the delay in the distribution of the inheritance.Open and honest communication can only be carried out if there is a cooperation between the parties.Without cooperation and openness, Islamic scholars, ustadz, or Islamic jurists who act as mediators will have difficulty in guiding communication properly.Related to cooperation and openness, there are two concepts in Islam called Tabayyun and Ta'awun that need to be applied in all aspects of community life.
Tabayyana, yatabayyanu, as the origin of the word Tabayyun, which means clear, bright, or visible.Some qira'at scholars read fatatsabbatuu, others read fayatabayyanu, but both have the same meaning, namely wait until the truth of a news is proven and do not rush to receive it (Books & Crafts, 2023).Quraish Shihab in Tafsir al-Misbah (Shihab, 2002) argues that the word fatabayyanu means meticulous and earnest in examining something.
The concept of "Tabayyun" in Islamic religious teachings refers to the principle of tracing or clarification.The goal is to obtain an accurate conclusion about the validity of a news (Rasyid et al., 2021).Because the truth a news needs to be clarified, verified, filtered and assessed the benefits and risks of the news is considered da'wah according to Islam.The concept of Tabayyun can be found in Surah Al-Hujurat verse 6 which emphasizes caution against a news whose truth is not yet known and not to regret the decision on the news must be investigated or examined carefully first (Arisandy et al., 2022).
The Prophet Muhammad PBUH also emphasized the importance of Tabayyun in his various hadiths.One of the hadiths narrated by Ahmad is that "the prayer of the wrongdoer will be answered, even if he is an infidel, because Allah postponed (His punishment) because of his prayer, but Allah will not postpone Tabayyun, because Tabayyun is an obligation".The concept of Tabayyun has a wide application in daily life, especially in relationships between individuals in society.By understanding the concept of Tabayyun in depth, Muslims are expected to become individuals who are responsible for providing information that is true and open to avoid slander.Openness and honesty are integral parts of Islamic teachings that emphasize the importance of justice, truth, and good morals in daily life.
While the concept of "Ta'awun" in Islam refers to cooperation or collaboration between individuals or groups to achieve common goals, both in the context of daily life and in worship.This concept has roots in the teachings of Islam and has broad implications in various aspects of life to help each other (Yakub et al., 2023).The basic Islamic values teach to help each other and help fellow ummah in the good for themselves and future generations (Selim & Farooq, 2020).The importance of cooperation and help in kindness and piety between fellow human beings contained in the concept of Ta'awun is emphasized in the Qur'an in Surah Al-Ma'idah verse 2.
The Prophet Muhammad PBUH also exemplified the concept of Ta'awun through actions and behaviors in daily life.He encouraged his people to cooperate with each other, help each other, and support each other in goodness or fastabiqul khairat (Sarif, 2019) and build a united and just society.The concept of Ta'awun has broad implications in various aspects of life, including in the social, economic, educational, and spiritual spheres.In the social field, Ta'awun encourages solidarity and help among fellow humans, such as the culture of mutual cooperation in society (Chalim et al., 2023).In the economic field, Ta'awun supports the principle of sharing and helping each other in achieving common prosperity, such as the tabarru' contract in sharia insurance which grants a part of the contribution money to help others (Disemadi & Prananingtyas, 2020).In a spiritual context, Ta'awun teaches the importance of working together in increasing faith and devotion to Allah SWT in the midst of the diversity of the people in order to create harmony and unity of religious life (Mohd Khambali, 2020).
Although Tabayyun and Ta'awun can be carried out by the parties concerned, the help of a third party is often needed, especially in handling a dispute.Third parties can help ensure that the verification and cooperation process runs more effectively, objectively, and fairly, thereby encouraging conflict resolution and improving harmony in society.Third parties acting as mediators as well as facilitators need to have special expertise or knowledge that can help in analyzing information and providing appropriate judgments, thus helping to clarify misunderstandings or misinformation.
An ustadz or kyai as a third party can play a very important and effective role in carrying out Tabayyun and Ta'awun.An ustadz or kyai is usually highly respected, trusted, and obeyed by the religious community.With their credibility, trust, knowledge, and wisdom, they can help prevent conflicts, facilitate cooperation, and ensure that solutions are in line with Islamic values and benefit the entire society.
As a third party, an ustadz or kyai does not have formal authority to enforce dispute resolution, so the nature of his intervention is more appealing and non-binding.With a persuasive approach and based on religious values, ustadz or kyai can help create an atmosphere that supports peaceful settlement and cooperation.Community support and public trust in the ustadz or kyai can also increase the effectiveness of ISSN: 2808-5051 the appeals made by the ustadz or kyai in encouraging the parties to resolve conflicts in a fair, peaceful, and harmonious way.
The case of Munasakhah can be experienced by two or three generations after that, where the generation may no longer remember, let alone know the certainty of the history or chronology of an heir's inheritance.Therefore, the parties who are the heirs who have the right will demand justice.Logically, the parties will argue to defend their respective arguments on the status of the heritage property.For this reason, the role of ustadz or religious experts guides the heirs to apply the concepts of Tabayyun and Ta'awun in unraveling the certainty of the history of existing heritage.Islam strongly advocates dispute resolution through peaceful means and reconciliation outside the court as stated by Allah SWT in Surah Al Hujurat verses 9-10 which is the principle of reconciling those who are at odds with Allah is more loved.
The principles of hifz an-nafs, hifz al-aql, and hifz al-mal contained in maqasid as-sharia reflect the noble values taught in sharia, namely peace, justice, and benefit for all.Tabayyun carried out by scholars or religious experts can be used as a reference in making decisions based on correct information.Meanwhile, Ta'awun encourages cooperation between parties to reveal the truth without any misunderstandings.Thus, Tabayyun and Ta'awun together strengthen the implementation of maqasid as-sharia, creating a balance between individual rights and collective interests to achieve the common good.

Uncertainty of the True Heritage Resulting from Munasakhah
One of the impacts of the event of Munasakhah or munasakhat is the uncertainty of the amount of inheritance from the heirs who died before receiving the inheritance because there are rights that he has not received.In addition, the certainty of the inheritance of the heirs and the property of the union needs to be considered (Wahidah & Fahmi Al Amruzi, 2022).There is also unclear status of asset ownership, where when the delay in the distribution of inheritance is caused by inheritance in the form of a residential house, according to the fiqh of inheritance, there is shirkkah imlak on the house.In Islam, the settlement of disputes between heirs who are entitled to inheritance due to Munasakhah must be done in a prudent, fair, and integrated manner through the application of the concept of Tabayyun which emphasizes the importance of seeking deep explanations and truths before taking action or making decisions and Ta'awun which emphasizes the importance of collaboration or cooperation to realize the concept of Tabayyun.
In determining the certainty of the amount of inheritance due to Munasakhah, Tabayyun researches and ensures that the actual amount of inheritance is through the examination of information from parties who know the chronology of the property and by examining relevant documents, such as wills, proof of ownership, and financial transaction records.The relevance of Surah Al-Hujurat verse 6 with the concept of Tabayyun is that in deciding something, it should first be investigated about the true truth through information and documents provided by the parties.In a narration, it is narrated that when they came to the Prophet David AS, two people who had a dispute as mentioned in the Qur'an, Surah Shad verse 22 (Majid, 2019).It is said that one party then said that the livestock stolen by the other party belonged to him.Without listening to information from other parties, the Prophet David AS immediately decided that the livestock must be returned immediately.However, realizing that the decision given was unfair, because without listening to information from both parties, he immediately asked Allah SWT for forgiveness (Ilyas, 2019).
Regarding the issue of inheritance disputes arising from munasakhat, the application of the concept of Tabayyun can be done with the first step of asking and interpreting the facts carefully related to the cause of the delay in the distribution of inheritance (Fauziyah, 2019).Such as collecting information including documents, witnesses, and statements from heirs.Through the application of the concept of Tabayyun in the settlement of inheritance disputes, it can be a fair and harmonious solution for all parties involved.This is in accordance with maqasid as-sharia which emphasizes the importance of justice, truth, and peaceful settlement in dealing with life problems, especially the distribution of inheritance so that inheritance disputes do not occur.
In addition, the concept of Ta'awun or cooperation is also very important in handling inheritance disputes.Ta'awun includes collaboration between individuals, families, and religious authorities to reach a just and harmonious solution as outlined in the Qur'an Surah Al-Ma'idah verse 2. In seeking the truth of information or documents, there is a need for cooperation, mutual help, and collaboration between the parties involved.Cooperation and mutual assistance are carried out to support the running of the Tabayyun concept.This means that the parties must certainly be able to open the door of their hearts to present the truth in a friendly manner.This can be done if there is cooperation or Ta'awun.
The settlement of inheritance distribution and inheritance disputes using the concept of Ta'awun can achieve a fair, harmonious, and based on Islamic religious values.The concept of Ta'awun emphasizes the importance of togetherness and helping among fellow humans.In addition, it also leads to work together in resolving inheritance disputes, considering that a fair distribution of inheritance will create common prosperity for the whole family.Regarding the issue of inheritance disputes arising from munasakhat, the application of the concept of Ta'awun teaches the importance of open dialogue and good communication among heirs.The emphasis on the history of heritage from the previous heir to the last heir who passed away needs to be ascertained first the heritage property that belongs to the last heir.For this reason, cooperation is needed among the heirs to inventory the certainty.
By combining the concepts of Tabayyun (clarification) and Ta'awun (cooperation), disputes regarding the amount of inheritance due to the delay in the distribution of inheritance can be handled wisely and fairly.The heirs cooperate and complement each other to collect data or information about the history of the heirs' property.Through open dialogue and collaboration, jointly seek the truth, adhere to religious principles, and reach a satisfactory agreement for all parties involved.
Despite maximum efforts to create cooperation in conflict resolution, sometimes the parties to the dispute still find it difficult to cooperate.This can be due to differences of view, conflicting interests, high emotions, or an inability to reach common ground.In situations like these, it is important to recognize that conflict resolution cannot always be achieved perfectly.If the heirs are not willing to cooperate or are willing to sit together, this will certainly be a challenge in the dispute resolution process.One step that can be taken is to involve a neutral third party, such as a mediator or arbitrator, to help facilitate dialogue between the parties to the dispute.Also to help create a conducive environment to communicate effectively and reach agreements.
Enlisting the help of an ustadz or kyai as a mediator or mediator in inheritance disputes can also be a very relevant option, especially since they have extensive knowledge of Islamic law and can also provide important spiritual advice in conflict resolution.Although there is no verse in the Qur'an or hadith that specifically mentions the use of ustadz or kyai as a mediator in resolving religious problems, there are general principles in the Qur'an and hadith that emphasize the importance of seeking help and advice from those who have deep religious knowledge in resolving religious problems.One example of this principle can be found in the Qur'an Surah An-Nisa verse 59 which explains the importance of obedience to Allah, the Prophet, and ulil amri (leaders or authorities) among whom are scholars.
The hadith narrated by Abu Daud also emphasizes the importance of asking for advice and assistance from those who have religious knowledge based on the Qur'an and hadith.Those who are guided by the Qur'an and hadith include none other than an ustadz or kyai, scholars, and religious experts.Indeed, advice or input from an ustadz or kyai does not have the power to force it legally in a formal sense because it is mau'idhoh hasanah, which is to guide and direct something according to the commands of Allah SWT and His Messenger to the ummah so that amar ma'ruf nahin munkar (Suparta & Havenge, 2003).The decision was returned to the parties, but the ustadz and scholars have given advice or input according to their understanding of the Qur'an, hadith, and religious principles (Ode et al., 2023).It is the same with fatwa which is a legal opinion or advice given by a religious expert, where fatwa does not have legally coercive power, but is highly appreciated in a society that respects religious authority such as halal product certification.Therefore, often suggestions or fatwas from an ustadz or ulama make the provisions of Islamic law more dynamic and responsive to the development of the times in the midst of community life (Said Syarifuddin, 2020).
The combination of Tabayyun and Ta'awun is expected to reach an agreement on the determination of the amount of inheritance due to Munasakhah.The role of ustadz or kyai can be equated with a teacher who in addition to teaching also educates and guides (Lil and Alif, 2020).Therefore, his suggestions and inputs are quite influential in the purpose of maintaining harmony and avoiding disputes between the parties (Marli Candra et al., 2021).Especially in the case of inheritance disputes, where Islam emphasizes that taking inheritance that is not his right is a highly discouraged act and can be subject to severe punishment.Although there is no verse in the Qur'an that specifically mentions taking inheritance that is not his right as a great sin or going to hell, there are several verses that emphasize the importance of justice in treating inheritance.One of them is in Surah An-Nisa verse 29 which emphasizes the importance of managing assets fairly, especially in the context of determining the amount of inheritance.Granting due rights to heirs is part of the social justice emphasized in Islam.In addition, in the hadith narrated by Imam Muslim which stipulates that the halal of the will is no more than one-third of the part, of which two-thirds of the remaining part is given to the rightful heirs.

CONCLUSION
Combining the concepts of Ta'awun (cooperation) and Tabayyun (clarification) facilitates fair and transparent settlement of inheritance disputes by ensuring that the distribution is based on true and open information provided by the co-heirs.This non-litigation approach promotes peaceful and familial resolution.The role of religious leaders, such as ustadz or kyai, is crucial in guiding and mediating disputes, though their advice is not legally binding.Effective settlement requires collaboration among parties, adherence to Islamic principles, and meticulous clarification of facts.For law enforcers, emphasizing mediation aligns with principles of simple, fast, and cost-effective justice as outlined in the Judicial Power Law.Future research should explore the integration of Ta'awun and Tabayyun in various inheritance dispute contexts, the influence of religious leaders in non-litigation settings, and how court-level mediation can enhance the efficiency and fairness of legal processes.