Normative Analysis Approach: Status and Rights of a Daughter under Islamic Inheritance Law in Indonesia

Iman J

doi:10.4172/2375-4435.1000149

Abstract

Status and rights of a daughter under Islamic inheritance law form disagreement among scholars. Therefore, it becomes important to study more about it. The method used is the content analysis of references relevant to the problems. Differences of opinion among scholars attributed to differences in understanding the meaning of lafadh and expanding the scope of walad that are contained in the verses of inheritance and influenced by pre-Islamic Arab culture (jahiliyah). According to the Sunni Imam, a daughter does not block (hijab) her brothers or sisters. Meanwhile, the Shia Imam believes that walad include boys and girls, so a daughter can also block her brothers and sisters. The presence of Islamic Law Compilation has shifted the earlier system of Islamic inheritance, which was patrilineal system, to the system of bilateral that withdraws the lineage from both sides, from relatives of men and women. Bilateral inheritance system is more in line with the kinship system in Indonesia and the development of today's society.

Highlights

Regulation on property inheritance after one’s death becomes important in order to maintain the benefit for all parties, for one who has died, his heirs, as well as for third parties
In Compilation of Islamic Law, law of inheritance is the law governing the transfer of rights ownership to inherit heir, determine anyone who deserves to be the heirs and their respective sections
Supreme Court of the Republic of Indonesia No 172K/Sip/1974 stating that the inheritance law use religious affiliation of the deceased

Summary

Introduction

Regulation on property inheritance after one’s death becomes important in order to maintain the benefit for all parties, for one who has died, his heirs, as well as for third parties. Abu Bakar, Umar bin Khathhab, Zaid bin Thabit or Ibn Abbas and some others This is due to a different interpretation of Al-Quran or hadith, and strongly influenced by the context of society at that time. Some new aspects on the law of inheritance set in the Compilation of Islamic Law do need further studies and deep and comprehensive critical thinking to obtain justice oriented legal conception and benefits for the people and in accordance with dynamic development of the structure and culture in Indonesia. This action is necessary to Social Crimonol, an open access journal ISSN: 2375-4435. The method used in this paper is "content analysis" of legal materials relevant to the issues discussed, and real-time, accurate data, the position of children and women’s rights in the law of Inheritance

Principles in Islamic Inheritance Law

Positions and Rights of Child of Women in Islamic Inheritance Law

Conclusion and Suggestion