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Faby Toriqir Rama
Pascasarjana UIN Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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KRITIK ISTIHSAN TERHADAP KONSTRUKSI FARAID AMINA WADUD Faby Toriqir Rama
AL-HUKAMA Vol. 8 No. 1 (2018): Juni 2018
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (513.494 KB) | DOI: 10.15642/al-hukama.2018.8.1.87-115

Abstract

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Eksistensi Anak Perempuan dalam Hukum Kewarisan Syiah Faby Toriqir Rama
AL-HUKAMA Vol. 9 No. 1 (2019): June 2019
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (698.162 KB) | DOI: 10.15642/alhukama.2019.9.1.24-46

Abstract

This is a bibliographical research that discusses the justice of girls in Shi’ah inheritance system. The issue which is the subject of discussion is the position of female heirs, especially girls, who in Sunni inheritance system is not treated equally with other heirs, whether they are equal or not. Because in the Sunni inheritance system, male superiority is highly exalted. Between sons and daughters, even though they are equal in the eyes of the heir, still have an unbalanced power in veiling other heirs. Whereas in Shi’ah inheritance system, girls are positioned as equals to boys. They have the same hijab power. In addition, Presidential Instruction No. 1 of 1991 concerning Compilation of Islamic Law (KHI) also applies the principle of equality between girls and boys in terms of veiling other heirs. Nevertheless, KHI did not adopt the class system directly. However, it is explicitly stated in article 181 and article 182 that the existence of a daughter causes sibling, sibling with the same mothe or sibling with the same father does not receive part of the inheritance.
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