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Khaiyyul Millati Waddin, Aufal Hadliq
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Religion

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KEWARISAN ISLAM DALAM PERSPEKTIF HISTORIS Khaiyyul Millati Waddin, Aufal Hadliq
Mabahits : Jurnal Hukum Keluarga Islam Vol 5 No 02 (2024): November
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v5i02.1964

Abstract

This research aims to explore the evolution of the Islamic inheritance system from pre-Islamic times to the modern era, focusing on the significant changes that occurred after the advent of Islam and contemporary legal reforms. The research method used is a literature study, with analysis of historical literature and modern studies related to the application of inheritance law in Muslim countries. The results show that before Islam, the inheritance system was very patriarchal, with women having no inheritance rights. After Islam came, the Qur’an introduced a more equitable system, granting inheritance rights to women, although their share was smaller than that of men. In the modern era, some Muslim countries have made reforms to accommodate gender equality, but the challenge of implementing more equal laws still exists in some countries. This study recommends the need for comparative studies among Muslim countries to analyse the effectiveness of inheritance law reforms, as well as further research on the socio-economic impact of these reforms on women’s welfare. Empirical research is also needed to understand the influence of local socio-cultural factors in the application of Islamic inheritance law.
INTEGRASI KONSEP PEWARIS, AHLI WARIS, HARTA WARIS, DAN MAWĀNI’ AL-IRTS DALAM KERANGKA KEADILAN DISTRIBUSI WARISAN ISLAM Khaiyyul Millati Waddin, Aufal Hadliq; Ashari, Beni
Mabahits : Jurnal Hukum Keluarga Islam Vol 6 No 01 (2025): MEI
Publisher : UAS PRESS

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62097/mabahits.v6i01.2218

Abstract

This study discusses the concepts of heirs, heirs’ rights, inheritance assets, and mawāni’ al-irts within the framework of justice in Islamic inheritance distribution, using the maqāṣid al-syarī’ah approach. The distribution of inheritance in Islamic law, based on the verses of the Qur’an, is often confronted with social justice challenges, particularly in the context of the unequal distribution of inheritance between males and females. By using a maqāṣidī perspective, this research examines how the objectives of sharia, such as the protection of wealth (ḥifẓ al-māl) and offspring (ḥifẓ al-nasl), can provide a basis for reinterpreting inheritance law to create a more equitable distribution, especially in increasingly complex modern societies. This approach allows Islamic inheritance law to be more relevant and responsive to the social, economic, and gender roles in families, while still maintaining the fundamental principles of Islamic law. The research methodology used in this study is a normative-qualitative approach, with an in-depth analysis of texts and literature on both classical and contemporary sources, as well as the application of the maqāṣidī approach in understanding Islamic inheritance law. The aim of this study is to examine and offer solutions for reconstructing a fairer inheritance distribution and to understand the relevance and application of maqāṣidī principles in the context of Islamic inheritance law in contemporary society.
Co-Authors Ashari, Beni