AL-SULTHANIYAH
Vol. 14 No. 1 (2025): AL-SULTHANIYAH

Peran Notaris dalam Memberikan Kepastian Hukum Terhadap Hak Mewaris Penderita Ambiguous Genitalia berdasarkan Hukum Waris Islam

Taris Pohan, Naufal (Unknown)
Suprayitno (Unknown)
Sembiring, Rosnidar (Unknown)



Article Info

Publish Date
08 Mar 2025

Abstract

In society, some individuals are born with genitalia that do not conform to typical male or female characteristics, a condition medically referred to as ambiguous genitalia. This study adopts a normative juridical approach, utilizing statutory and conceptual approaches. Legal materials were obtained through literature reviews and interviews and were analyzed using grammatical interpretation and legal argumentation techniques, including analogy. The findings indicate that, from the perspective of Islamic law, ambiguous genitalia can be classified analogously to the condition of khunsa. A notary may draft a Certificate of Inheritance Rights or an Act of Separation and Distribution of Inheritance as long as all heirs mutually agree to resolve the matter outside the court. However, if the heirs cannot reach a consensus, the notary may direct them to submit an inheritance determination request to the local Religious Court. In drafting such legal documents, a notary may act as a legal innovator to address legal gaps not yet regulated by statutory provisions, provided that all parties involved agree.

Copyrights © 2025






Journal Info

Abbrev

al-sulthaniyah

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-SULTHANIYAH focuses on studies in the fields of Sharia, Law, Politics & Government. The scope of study of AL-SULTHANIYAH includes: basic principles of jurisprudence, private law, criminal law, procedural law, economics and business law, constitutional law, state administrative law, international ...