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All Journal JURNAL MAHKAMAH MAHAKIM: Journal of Islamic Family Law
Sedayu, Rahmat Agung
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Tafsir Pemikiran Muhammad Syahrur tentang Waris dan Kontribusinya Bagi Perkembangan Hukum Kewarisan di Indonesia (Studi Analisis Kompilasi Hukum Islam) Sedayu, Rahmat Agung; Thahir, A. Halil; Mushlihin, Imam Annas; Tohari, Ilham
MAHAKIM Journal of Islamic Family Law Vol 7 No 1 (2023): January 2023
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/mahakim.v7i1.172

Abstract

In Muhammad Syahrur's view, waris is hududullahh which means that the maximum limit for a son is two daughters, and the minimum limit for a daughter is one boy. This research is qualitative research with the type of research library research which aims to reveal how Muhammad Syahrur's thoughts about inheritance with an analysis knife Compilation of Islamic Law. The data analysis process uses content analysis techniques, which are research techniques by looking for regular shapes, structures, and patterns in the text and making conclusions based on the regularities found. The results of this study: 1) Muhammad Syahrur rereads the inheritance verse which is hududullahh. If the heirs consist of one son and two daughters, then the share of the daughter may not be less than 25% and the share for the son may not be greater than 50%. 2) The contribution of Muhammad Syahrur's thoughts on inheritance to the development of inheritance law in Indonesia is by positioning the inheritance portion for women as al-Hadd al-'Adna (minimum limit). With this, Syahrur wants to say that women may or even have the right to get more shares than one man, provided that they do not exceed al-Hadd al'Ala for men. Thus women can get more shares than what has been determined by QS. An-Nisa verse 11 and article 176 KHI as long as it does not exceed the male share (½).
Muhammad Syahrur's Thoughts on Inheritance from the Maqasid Al-Shari’ah Perspective and Hermeneutics Sedayu, Rahmat Agung
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 7 No. 1 June (2022)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v7i1.2330

Abstract

Muhammad Syahrur is a phenomenal figure who can present a contemporary reading model packaged with hudud theory. Through his hudud, inheritance is hududullah which has al-Hadd al-'Ala wa al-Hadd al-'Adna (maximum and minimum limits). The maximum limit for boys is two girls, and the minimum limit for girls is one boy. The purpose of this article is to assess Muhammad Syahrur's thoughts on inheritance using two approaches, namely maqasid al-Shari'ah and hermeneutics. This research is qualitative research with the type of library research (library research), using library research aimed at revealing how Muhammad Syahrur thought about inheritance using maqasid al-Shari'ah and hermeneutics. Whereas in data collection using library techniques. The data analysis process uses content analysis techniques (content analysis), namely research techniques by looking for the form, structure, as well as regular patterns in the text and make conclusions based on regularity found. This study uses a text-to-context approach, which seeks to reveal and examine in depth Muhammad Syahrur's contemporary reading of the inheritance verse with the hudud theory. Results this study concludes that: 1) Maqasid al-Shari'ah to be addressed is maqasid al-Khassah, because setting a minimum limit for girls is an attempt to reject darar (danger), as Jalbu al-Mashalih wa Dar'u al-Mafasid, namely when girls contribute more than boys but share less. The existence of maqasid al-Khassah because it considers maslahah al-Khassah which is aimed at girls when they are more beneficial to the heir than boys. 2) On the hermeneutic plain, Syahrur rereads the inheritance verse which is hududullah. If the heirs consist of one son and two daughters, the daughter's share cannot be less than 25% and the son's share cannot be greater than 50%. If girls get 30% and boys 40%, then this division does not come out of hududullahh.
Co-Authors A. Halil Thahir Imam Annas Mushlihin Tohari, Ilham