PRINSIP, ASAS DAN KAIDAH HUKUM WARIS ISLAM ADIL GENDER

Abstract

Theoretically, the Islamic inheritance law can be seen from different point of view based
on its object of law related to the division of property that has more dimension on civil
law and more closely within muamalah Fiqh as the scope of the study and related to
interpersonal law. Based on the writer's point of view, it is closer to the muamalah
study which opens the possibility of ijtihad so that, Islamic law can be adapted in every
period of time. The problem of inheritance division assumed the concept of 'tribalism'
and Islam comes to deconstruct the "tribalism" with the fundamental religion by the
egalitarianism spirit to state woman as an autonomous and dignified personal and has
values. The portion of the man’s share who gets twice of the girl's actually is the maximum share (had al-aqsa) which should not exceed the maximum share of the
section, as well as the prohibition of giving a share of less than half of the male portion
for the girl. Allah’s Hudud in the form of legal limitation indicates the necessity of
equal sharing between men and women. So, the equality is the existence of the harmony
from the maximum share for men to the minimum share of women as the boundaries
that have been created by God.
Keywords: Islamic Inheritance; Distributional Inheritance; Gender; Fiqh Muamalah;
Equality.