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Differences In The Inheritance Rights of Men And Women In Islamic Law (Psychological Studies) Jusalim Sammak; Nurimah Iftitah
Aktual: Jurnal Pengabdian Kepada Masyarakat Vol. 3 No. 2 (2025): Aktual: Jurnal Pengabdian Kepada Masyarakat May 2025
Publisher : CV Media Inti Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58723/aktual.v3i2.397

Abstract

Background of the study: Islamic inheritance law assigns a male heir twice the share of a female under certain conditions. This provision often raises debates on gender justice, especially from a modern and psychological standpoint, where emotional perceptions of fairness are questioned.Purpose and scope of the paper: This study aims to examine public perceptions of the gender-based differences in Islamic inheritance distribution and explore the psychological impact, particularly on female heirs. The study combines normative analysis with empirical insights from Muslim communities involved in inheritance cases.Methods: A qualitative approach was used, involving in-depth interviews, participant observation, and document analysis. Data were analyzed thematically using a social psychology framework to understand the emotional, cognitive, and value-driven responses related to inheritance practices.Results: The findings indicate that while Islamic inheritance law is rooted in the principle of social responsibility, some women experience emotional injustice, especially those with significant economic contributions. This perception is closely linked to limited understanding of maqāṣid al-syarī‘ah and the broader social context of Islamic law.Conclusion: The study emphasizes the need for integrative Islamic legal education that includes psychological and contextual dimensions. In the long term, this research contributes to building more humanistic interpretations of Islamic law and informs future development of educational, policy, and counseling strategies to support fairer and more spiritually accepted inheritance practices.
Mahar Mahar Kapling Bentangan Tali Budidaya Rumput Laut Di Pantai Dalam Perspektif Hukum Islam jusalim sammak
As-Sakinah: Jurnal Hukum Keluarga Vol. 1 No. 1 (2026)
Publisher : LPPM IAI YAPNAS JENEPONTO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.67447/asjhk.v1i1.84

Abstract

The practice of seaweed cultivation using a long-line system in coastal areas is growing rapidly as a source of livelihood for the community. However, in practice, the phenomenon of parceling out marine space is accompanied by certain levies known as dowries for obtaining the right to manage the long-line. This phenomenon raises legal issues, particularly regarding the ownership status of marine space and the validity of such transactions from an Islamic legal perspective. This study aims to analyze the legal status of dowries for long-line seaweed cultivation on the coast from the perspective of Islamic jurisprudence (fiqh mu'āmalah) and Islamic law. This study uses a qualitative method with a normative-empirical approach, through a literature review of the Qur'an, hadith, and the principles of ushul fiqh (Islamic jurisprudence), as well as interviews and observations of seaweed cultivation practices in the coastal areas of South Sulawesi. The research results show that marine space is a common resource (mālikiyyah al-‘āmmah) that cannot be traded absolutely by individuals. Therefore, the practice of plot dowry is not justified if interpreted as the sale and purchase of exclusive ownership of marine space. However, plot dowry can be justified according to sharia if positioned as a permit fee or management rights based on ijarah or partnership contracts (musyārakah/muḍārabah) that guarantee justice, transparency, and the benefit of coastal communities. This research recommends a model for managing rope-spanning plots based on sharia partnerships and government regulations to prevent monopolies and protect the rights of coastal communities.