This study aims at analyzing the two forms of legal policy in the division of inheritance by using the
principle of ishlah. The takharuj practices that develops in the Hanafi school allows the giving of
inheritance rights to the heirs before the property is distributed (before the heirs dies) in the presence of
the willingness of the other heirs. The term Ishlah is understood by giving rewards in exchange for the
part of the resigned heirs. The principle of ishlah which permits the distribution of inheritance under
the agreement of the heirs is also regulated in the Compilation of Islamic Law Article 183. But in
that article, the existence of ishlah can be done after the heirs died (after the division of inheritance).
This research is a library research by using normative law approach and analyzing the data by content
analysis. As the findings from this study, there are several weak points in the completion of the
takharuj so that clerics outside Hanafiyah school did not practice it. These weak points potentially
violate the qath'i propositions and general principles in muamalah maaliyah. The peace (ishlah) in the
Compilation of Islamic Law is easier to follow and does not violate the qath'i proofs in the Qur'an
and Hadith.
Kata kunci: ishlah, takharuj, kebijakan hukum