社会学と犯罪学 - オープンアクセス
オープンアクセス

概要

Normative Analysis Approach: Status and Rights of a Daughter under Islamic Inheritance Law in Indonesia

Iman J

Status and rights of a daughter under Islamic inheritance law form disagreement among scholars. Therefore, it becomes important to study more about it. The method used is the content analysis of references relevant to the problems. Differences of opinion among scholars attributed to differences in understanding the meaning of lafadh and expanding the scope of walad that are contained in the verses of inheritance and influenced by pre-Islamic Arab culture (jahiliyah). According to the Sunni Imam, a daughter does not block (hijab) her brothers or sisters. Meanwhile, the Shia Imam believes that walad include boys and girls, so a daughter can also block her brothers and sisters. The presence of Islamic Law Compilation has shifted the earlier system of Islamic inheritance, which was patrilineal system, to the system of bilateral that withdraws the lineage from both sides, from relatives of men and women. Bilateral inheritance system is more in line with the kinship system in Indonesia and the development of today's society.