Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial
Vol 3 No 2 (2016): Konfrontasi, July

Kedudukan dan Hak-Hak Anak Perempuan Dalam Hukum Kewarisan Islam

Iman Jauhari (Dosen Fakultas Hukum Universitas Syiah Kuala (Unsyiah) Darussalam Banda Aceh)



Article Info

Publish Date
01 Jul 2016

Abstract

The woman status and rights in the inheritance law have a dissenting of opinion among scholars. Therefore, the position and rights of woman in Islamic inheritance law re-assessed. The method used is content analysis of references that is relevant to the issues discussed. Differences of opinion among scholars attributed to differences in understanding the meaning lafadh and expansion of the scope walad words contained in the verses of inheritance and influenced by pre-Islamic Arab culture (Oahiliyah). According to the Sunni scholars, women are not menghijab brother (both male and female), while according to scholars of the Shia , the word of walad include boys and girls, so the girls can also attract (menghijab) brother (both male and female). The presence of KHI has shifted the system of Islamic inheritance developed by scholars earlier patterned by the patrilineal to the bilateral inheritance system that attract the lineage from both directions from relatives of men and women .The bilateral patterned inheritance system is more in line with the kinship system in Indonesia and developments today's society.

Copyrights © 2016






Journal Info

Abbrev

konfrontasi2

Publisher

Subject

Humanities Economics, Econometrics & Finance Social Sciences

Description

Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial is a peer-reviewed journal published in March, June, September and December by BIRCU Publisher in association with Himpunan Indonesia untuk Pengembangan Ilmu-Ilmu Sosial (HIPIIS- Indonesian Association for the Development of Social ...