Abstract
This article aims to examine the thoughts of Muḥammad Sa'īd Ramāḍan al-Būṭi in his book Tafsir Al-Mar'āh Bayn al-Ṭugyān al-Niḍām. The focus of this study is emphasized on how al-Būṭi interprets the verses about the division of inheritance between men and women which have been the subject of debate among experts. By using qualitative methods and content analysis, it can be concluded that in resolving the distribution of inheritance between sons and daughters, al-Būṭi offers the concept of al-tasāwī (equality) in the distribution of inheritance between men and women, so that there is no marginalization and subordination. addressed to one party, in this case women. With this concept, it is expected that men and women can inherit a balanced inheritance. According to him, the superiority or superiority of men (ar-rijàl) over women (an-nisa') is not based on natural advantages or factors of creation, but is based on the quality of management, wisdom and the level of culture and awareness that differs among humans. According to him, Islamic inheritance law is not measured by the level of equality between heirs, but is determined based on the size of the burden or responsibility that is developed for them, in terms of the general condition of their lives.
Highlights
The heirs’ distribution has a strong relation to verses interpretation for the equal before the ownership rights
Socio-historically, the Qur'an offers the division of inheritance which is an attempt to elevate the rank of women who are considered weak so that they do not have the right to receive inheritance
The assumption concept of inheritance distribution in Islam is no longer relevant in its application, on the other hand this concept is enough to discriminate against women over the dominance of men
Summary
The heirs’ distribution has a strong relation to verses interpretation for the equal before the ownership rights. For Sa’īd al-Būṭi, Islamic inheritance law is not measured by the level of equality between heirs, but it is determined based on the size of the responsibility that developed for them, in terms of life.8
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