Cakrawala Hukum
Vol. 26 No. 2 (2024): MAJALAH ILMIAH CAKRAWALA HUKUM

Kedudukan Ahli Waris Yang Berkelamin Ganda (Khuntsa)Menurut Hukum Waris Islam

Elisabeth Pudyastiwi (Faculty of Law, Universitas Wijayakusuma , Indonesia)
Doni Adi Supriyo (Faculty of Law, Universitas Wijayakusuma , Indonesia)
Eti Mul Erowati (Faculty of Law, Universitas Wijayakusuma , Indonesia)



Article Info

Publish Date
10 Sep 2024

Abstract

The occurrence of someone who has dual genitalia in general in society has various impacts. Many cases have emerged that require handling. The purpose of this study is to determine the legal status of the heirs of Indonesian citizens who have dual genitalia (khuntsa) and how the rights to inherit the inheritance of heirs who have dual genitalia (khuntsa) or whose status is in doubt according to Islamic law. This type of research uses normative legal research which is based on the formulation of the problem and the purpose of the research. With the method of legislative approach and conceptual approach. The results of the study explain that the inheritance rights of khuntsa have not been explicitly regulated in the KHI, and in the Qur'an there has been no inheritance law for khuntsa. In determining the legal status of this khuntsa, it can be seen from the signs of maturity and where it urinates as mentioned in the hadith narrated by HR. Ibn 'Abbas, and can perform sex change operations. The heirs agree in calculating the level of the khuntsa musykil part by estimating and calculating it as a man then as a woman. Khuntsa and other heirs receive the smallest estimated share, while the rest that is still in doubt is withheld until the legal status of the khuntsa is clear. Keywords: Heirs, khuntsa, Islamic law  

Copyrights © 2024






Journal Info

Abbrev

cakrawala

Publisher

Subject

Description

Cakrawala Hukum presents journals / scientific papers / research results on legal issues written by lecturers or students from the Faculty of Law, Wijayakusuma University or from outside the Faculty of Law, Wijayakusuma ...