Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Kafa’ah: Journal of Gender Studies
Mahmud, Irbach Nurfatin
University of Jordan
Humanities Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
GENDER JUSTICE IN INHERITANCE LAW: A COMPARISON OF THE CONCEPT OF PROPORTIONALITY AND THE CONCEPT OF EQUALITY Sukmawidari, Ria; Mahmud, Irbach Nurfatin; Wardayani, Wardayani; Kurniati, Kurniati
Kafa`ah: Journal of Gender Studies Vol 16, No 1 (2026)
Publisher : Universitas Islam Negeri Imam Bonjol Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15548/jk.v16i1.908

Abstract

The debate regarding gender justice in inheproporitance law arises from differing concepts, namely proportional distribution (2:1) as applied by some laws, while other laws adhere to the principle of equality (1:1). This study aims to analyze both concepts from the perspective of gender justice, while assessing their relevance in the modern social context. The method used is a literature study with a normative-comparative approach, which compares provisions from various legal systems, such as Islamic law, civil law, customary law, and court decisions, and analyzes them through the theory of gender justice and the maqāṣid al-syarī'ah framework. The results of the study show that both concepts have their own contextual justice. Proportionality is more appropriate when the responsibility for maintenance is entirely borne by men, while equality is more appropriate in situations where men and women both play a role in the family economy. This study confirms that gender justice in inheritance law cannot be understood absolutely, but must be viewed relatively in accordance with social realities and the configuration of roles within the family. The impact of this study is to provide a more neutral and comprehensive insight for the development of inheritance law studies within the framework of gender justice. Keyword: Gender, Inheritance law, Proportionality and Equality
Co-Authors Kurniati, Kurniati Sukmawidari, Ria Wardayani, Wardayani