Muhammad Amar Adly, Muhammad Amar
Fakultas Syariah IAIN Sumatera Utara Jl. Willem Iskandar Pasar V Medan Estate, Medan, 20371 e-mail: amaradly73@yahoo.com

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Journal : IIJSE

Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Rambe, Dewiyanti; Adly, Muhammad Amar; Khalid, Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v6i3.3928

Abstract

This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women. Keywords: Inheritance Division, Islamic Inheritance Law, Women This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women.
Polygamy in Islam and Its Relevance to Law No. 1 of 1974 Concerning Marriage Aryani, Winda Intan; Adly, Muhammad Amar; Yazid, Imam
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 7 No 3 (2024): Sharia Economics
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v7i3.5657

Abstract

Polygamy is a topic that always invites polemics in society, especially in the context of households. Although polygamy existed long before Islam, Islam accommodates this practice with several limitations and conditions, especially in terms of justice for wives. Problems that often arise in the practice of polygamy include abuse of rights and obligations, physical and psychological violence, and negative impacts on women and children. This study aims to understand more deeply the legal perspective of polygamy, especially according to the views of Buya Hamka and Nasr Hamid Abu Zayd. This study uses a normative juridical method with a literature study approach, utilizing primary legal materials such as the Al-Qur'an interpretation book by Hamka and Abu Zayd, as well as secondary legal materials from Islamic law literature and related laws. The analysis was carried out by describing, recording, and interpreting data to understand the differences in the views of the two figures regarding the law of polygamy. The results of the study show that there are uniqueness and differences in the thoughts of Hamka and Abu Zayd that can influence the implementation of polygamy law in Indonesia. This study provides important insights into the dynamics of polygamy law in the modern context and its contribution to legal policy in Indonesia.