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All Journal Al-Manahij: Jurnal Kajian Hukum Islam Lentera Hukum Al-'Adalah Al-Tahrir: Jurnal Pemikiran Islam Al-Jami'ah: Journal of Islamic Studies Sosio Konsepsia Al-Ahwal: Jurnal Hukum Keluarga Islam Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum JURNAL MAHKAMAH Raheema At-Turats Istinbath: Jurnal Hukum dan Ekonomi Islam Dialogia: Jurnal Studi Islam dan Sosial Al-Maslahah Jurnal Pemberdayaan Masyarakat Khazanah Hukum Journal of Research and Thought on Islamic Education (JRTIE) Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Legal Protection for the Partnership Agreement Parties Al-Istinbath: Jurnal Hukum Islam Al-Kainah: Journal of Islamic Studies Berasan: Journal of Islamic Civil Law
Muhammad Lutfi Hakim
IAIN Pontianak
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Social Sciences Other

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Journal : JURNAL MAHKAMAH

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Inheritance Portion of The Heir of Women is More Than Men in Islamic Legal Perspective Muhammad Lutfi Hakim; Mutmainah Mutmainah
Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam Vol 6 No 1 (2021): Jurnal Mahkamah: Kajian Ilmu Hukum dan Hukum Islam
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i1.1426

Abstract

The distribution of inheritance in Islam recognizes the principle of ijbari, namely the transfer of inherited property to its heirs, which has been determined in Islamic law covering aspects of heirs, legacy, part of inheritance, and heirs. Regarding the division of legacy between male and female heirs, there is a principle of li al-dzakari mitsl al-hadz al-untsaian (the male part is like two female parts). Unfortunately, the provision is not applied in the distribution of inheritance in Enau River Village, which gives the portion of inheritance to girls more than 2:1 than boys. This paper aims to describe the practice of heritage sharing in Sungai Enau Village because of and alternative distribution of legacy its heritage following Islamic law. The results of this paper found that some Muslim communities in Sungai Enau village are majority Muslim (65%) their inheritance by a method of internal family deliberation with the consent of all heirs. The result of this deliberation is that the heir son gets a share of the inheritance more than twice as much as the heir son. The main reason for giving a portion of the inheritance to girls is more than twice as much as boys are that girls care more, help more, and take care of their parents (especially heirs) than boys. Although the provision is not following the opinion of the majority of jurists of scholars who give inheritance to the heir’s men are twice as much as women (2:1), and that is following the principle of li al-dzakari mitsl al-hadz al-untsaian. Still, the division meets the heir’s sense of justice for the heirs and is supported by local religious leaders’ opinions. This paper analyzes the case and provides an alternative to the distribution of inheritance following the jurists’ views.
Inheritance Portion of The Heir of Women is More Than Men in Islamic Legal Perspective Hakim, Muhammad Lutfi; Mutmainah, Mutmainah
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 1 June (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i1.1426

Abstract

The distribution of inheritance in Islam recognizes the principle of ijbari, namely the transfer of inherited property to its heirs, which has been determined in Islamic law covering aspects of heirs, legacy, part of inheritance, and heirs. Regarding the division of legacy between male and female heirs, there is a principle of li al-dzakari mitsl al-hadz al-untsaian (the male part is like two female parts). Unfortunately, the provision is not applied in the distribution of inheritance in Enau River Village, which gives the portion of inheritance to girls more than 2:1 than boys. This paper aims to describe the practice of heritage sharing in Sungai Enau Village because of and alternative distribution of legacy its heritage following Islamic law. The results of this paper found that some Muslim communities in Sungai Enau village are majority Muslim (65%) their inheritance by a method of internal family deliberation with the consent of all heirs. The result of this deliberation is that the heir son gets a share of the inheritance more than twice as much as the heir son. The main reason for giving a portion of the inheritance to girls is more than twice as much as boys are that girls care more, help more, and take care of their parents (especially heirs) than boys. Although the provision is not following the opinion of the majority of jurists of scholars who give inheritance to the heir’s men are twice as much as women (2:1), and that is following the principle of li al-dzakari mitsl al-hadz al-untsaian. Still, the division meets the heir’s sense of justice for the heirs and is supported by local religious leaders’ opinions. This paper analyzes the case and provides an alternative to the distribution of inheritance following the jurists’ views.
Co-Authors Agus Widodo Anandya, Rivany Anik Cahyowati Ardiansyah Asyharul Muala B2092151009, PERDHIANSYAH Busro, B. Bustami Bustami Dani Amran Hakim Djazimah Muqoddas Emzaed, Ali Murtadho Fuad Mustafid, Fuad Habib Ismail, Habib ibrahim, bukhari Khamim Khamim, Khamim M Abu Amar Masri, Muhammed Sahrin bin Haji Mochammad Najmul Afad Muhammad Fauzinudin Faiz Mutmainah Mutmainah Mutmainah Mutmainah Nita Fauziah Rizky Adithya Sainun, Sainun Sri Ayu Tiwikrama Sugianto Sugianto Sugitanata, Arif Syarifuddin, Sadiani Tarlam, Alam Zaenuddin Hudi Prasojo