Male Heir Research Articles

Stories of women's marriage and fertility experiences:Qualitative research on urban and rural cases in Bali, Indonesia.

As a Hindu-majority province in Indonesia, Bali presents a unique and distinctive culture. Patrilocal ( purusa) marriage and patrilineal inheritance as a continuation of the patriarchal system puts a male in the key role of family representative and successor. Having a son is a priority for a married couple in Balinese society. As a consequence, Balinese women experience several constraints related to their economic productive, reproductive, and adat (ritual) roles. When a family does not have a male heir, their daughter is pressed to find a spouse willing to accept sentana (daughter succession) marriage. This secondary form of marriage brings another complication for Balinese-Hindu women and does not necessarily relieve their submissive position. This study analyzes Balinese-Hindu women's perspectives on their marriage experiences and fertility decisions in patrilineal society in changing rural and urban conditions. The data was collected in two areas representing rural (Gianyar) and urban (Denpasar) locations in Bali Province, Indonesia from November 2019 to February 2020. Primary data was based on in-depth interviews of six rural and six urban married Balinese-Hindu women. This qualitative inquiry into Balinese women's experience of the marriage system and fertility options in urban and rural Bali revealed varying degrees of social expectation to provide male descendants for their families. At the same time, economic burdens still haunted them in this development era and manifested conflicting implications for family size. Their stories of purusa and sentana marriage were complex because it has strongly associated with customary law ( adat) in traditional society. Paradoxically, this study found that it was predominantly rural women who opted for the sentana arrangement and expressed a preference for smaller family sizes. This study explores women's fertility aspirations, notably regarding son precedence. It problematizes the sentana marriage alternative as a potential solution to alleviate the expectations and burdens placed on women.

Evolution of the Minangkabau Inheritance System and its Relevance to Gender Justice in Islamic Law

The inheritance system in Minangkabau, known for its matrilineal lineage, offers a unique perspective on property distribution, especially when contrasted with the patrilineal structure of Islamic inheritance law. This research delves into the historical and cultural evolution of the Minangkabau inheritance system, examining how it has adapted over time due to various social, legal, and religious influences. While Minangkabau customary law (adat) traditionally prioritizes female heirs, particularly through maternal lines, Islamic inheritance law advocates a more balanced approach, emphasizing the rights of both male and female heirs based on predetermined shares. The contrast between these two systems raises important questions about gender justice and the equitable distribution of wealth. Through a detailed exploration of Minangkabau customs and Islamic jurisprudence, this study investigates how these systems have coexisted and the efforts made by scholars and legal authorities to reconcile the differences. A significant focus is placed on the role of reformist thinkers within the Minangkabau community, who have sought to align local practices with the broader principles of Islamic inheritance law while preserving cultural identity. The research also examines the practical implications of these reform efforts, particularly in light of the evolving role of women in Minangkabau society and the growing calls for gender equality. The findings offer valuable insights into the potential for developing an inheritance model that respects both cultural traditions and Islamic values of justice, ultimately contributing to a broader discourse on gender equity in inheritance laws across diverse Muslim societies.

A doctor for the crown princess: child mortality and women’s political agency at the Danish court, 1784–1797

ABSTRACT This article examines the entwined dynamics of gender, material bodies, and court politics at the Danish, absolutist court during what has been termed the reform reign, 1784–1797. The reform reign was inaugurated by a 1784 bloodless coup d’état, in which the crown prince took power in the royal Privy Council. During the following years, his leading advisers faced opposition from other factions at court and within the royal family, and the crown prince and his wife faced reproductive challenges, as they lost several children shortly after birth. The article explores the attempts at seeking influence made by two wives of leading advisers to the royal crown prince, Frederik (6.). Producing a male heir was imperative to the crown prince couple’s claim to power in the absolutist reign, and the advisers’ political positions therefore also hinged on the couple’s reproduction. I discuss how the advisers’ wives, the two sisters Sybille Reventlow (1753-1827) and Charlotte Schimmelmann (1757-1816), attempted to solve these issues and advance their group’s position at court. The article identifies several strategies employed by the women to help the crown prince couple’s situation, but primarily aimed at the crown princess; firstly, conversations on childrearing; secondly, the discussion of adoption; while a third strategy included traveling to the spa at Bad Pyrmont, where the advisers’ wives would engage the spa’s famous doctor Heinrich Mathias Marcard as accoucheur to the crown princess. The women’s struggles to gain influence show how those women who were not members of the royal household tried to navigate the political world of a hereditary and personal monarchy, where personal relationships and parenting experiences were also a political matter.

RENUNCIATION OF INHERITANCE BY KOSOVAR WOMEN: DESIRE OR INJUSTICE? A CASE LAW PERSPECTIVE

Background: The right to inherit is one of the rights guaranteed by the Constitution and legal provisions. Every citizen is entitled to this privilege without exception. Even though this right is protected by the Constitution, barely 23% of women in Kosovo are officially registered as heirs. When women exercise their right to refuse inheritance, they mostly give up that privilege in favour of male heirs. Unquestionably, customary law impacts this choice. Influenced by religious and customary rights that stipulate that men are entitled to inherit, women prefer to give up their claim to inherit, which accounts for the low percentage of female heirs. Despite the fact that the right of inheritance is regulated by law under the principle of equality, the real situation shows something else. This article will analyse inheritance law and the influence of customary law, which has led many women to forfeit their rights. This issue discriminates against Kosovar women, denying them their rightful inheritance. These analyses will determine whether customary law or other factors have impacted Kosovar women's unequal inheritance rights compared to men. Ultimately, it raises the question: are these women victims of injustice, or have they freely decided to give up their inheritance? Methods: In this paper, several methods were employed to reach a conclusion, including analytical, comparative, historical and normative approaches. The analytical method was used to examine the phenomenon of women renouncing their inheritance rights and the judicial decisions where women have given up their right of inheritance. The normative method examined the legal provisions that directly regulated the right to renounce the inheritance. The historical method played a crucial role in illustrating the evolution of inheritance rights and its influence on women's contemporary perspectives. Finally, the comparative method facilitated a comparison of the legal regulation of inheritance rights in Kosovo with those in other countries in the region. Results and Conclusions: In legal terms, the right of inheritance treats all heirs equally, regardless of gender, but in practice, a very low percentage of women inherit, mostly giving this right to male heirs. Many factors have influenced this result, such as the influence of customary law and religious law, but also the low number of employed women. After analysing this matter, it was seen that the main solution is to raise awareness among women that all heirs are equal, regardless of gender, ensuring the law is applied fairly to all heirs. To address the reduction of women renouncing their inheritance, several legal changes are recommended. One such change is requiring the declaration of renunciation of inheritance to be made before a notary and registered in court to determine legal deadlines. Additionally, the reasons for renouncing inheritance should be explicitly stated within the set timeframe. A more radical measure that would ensure that women do not renounce their rightful inheritance according to the law, and in this way, they would be free from the influences of society, is to change the law by removing the right to renounce the inheritance. Thus, all legal heirs would be forced to accept the inheritance due to them by law.

Inheritance dynamics and housing price fluctuations: Evidence from the China household finance survey

The demographic shift towards an older population has a profound impact on the economy, particularly in the real estate sector. The evolving housing demand, shaped by changing family structures and financial circumstances, is influenced by inheritance considerations, which in turn affect investment decisions and market dynamics. This study uses data from the China Household Finance Survey (2013–2019) to explore the impact of aging on housing prices, with a focus on inheritance motives and the influence of male descendants. While ageing tends to decrease prices, inheritance motives, particularly those of male heirs, tend to offset this effect. The geographical distribution of this impact varies, with the level of education also playing a role. It is therefore vital to address demographic shifts and cultural norms in order to maintain stability in the housing market.

The gender of inheritance in an upper-class family network: Dallas, 1895–1945

Inheritance increasingly drives the global wealth gap. But we know little about variation in bequest practices across wealthy populations, beyond the fact that eldest sons have traditionally inherited the largest fortunes. This article offers a case study of one wealthy population, combining the full kinship network of the Dallas upper class from 1895 to 1945 (n = 12 323) with probate data for a sample of elites who died in Dallas during that time period (n = 551). Although the population was highly patriarchal, suggesting that elites would unequivocally favor male heirs, women inherited three times more wealth than men. Less surprisingly, women and men inherited different types of wealth: income-producing capital flowed to men, and trusts and durable consumption assets flowed to women. Overall, family wealth arrangements formed a private, gendered safety net designed to maintain an upper-class lifestyle for all close kin, rather than simply preserving a patrilineal dynasty.

SISTEM PEMBAGIAN WARISAN BAGI RATA: UPAYA MENGHINDARI PERSELISIHAN ANTAR KELUARGA DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM ADAT

This study aims to examine the system of equal distribution in the distribution of inheritance applied by the community to avoid disputes between families, with a focus on customary law and Islamic law. This study uses a qualitative approach to deeply understand the practice of inheritance distribution in society, as well as how customary law and Islamic law are applied in this context. The location of the study is the Muslim community of Aek Marian. The subjects of the study include the head of the family or family members who have been involved in the inheritance distribution process. Data is collected through various techniques to ensure the richness of information and accuracy of research results. The result was the division of inheritance implemented in Aek Marian with a 'equal share' system. There is no distinction between male and female heirs. Boys should get twice the share of girls (An-Nisa: 11). Meanwhile, Article 176 of the KHI explains that boys get twice the share of girls. The equal distribution of inheritance from the perspective of Islamic Law and KHI is not in accordance with the principles set forth in the Qur'an and Hadith. Although this practice occurs due to the influence of customs or family agreements. It is important to consider the legal and social impacts and find solutions that are in line with the sharia to ensure justice and compliance with Islamic law. The distribution of inheritance in equal distribution is not in accordance with the provisions of Faraid and KHI, which has legal impacts and implications in the future.

Problematika Persamaan Hak Dalam Waris dan RAD

Islamic inheritance law is a provision for the transfer of property from a deceased person to the person left behind. Islamic inheritance law in Indonesia has been regulated in KHI in accordance with Presidential Instruction Number 1 of 1991. The purpose of this study aims to determine the position and fair rights attached to both male and female heirs in receiving inheritance, especially in cases of kalalah and radd. The method used in this research is normative juridical, namely by conducting searches of library materials, laws and other literature. Kalalah is a person who dies without leaving a father and children. Debate arises regarding the determination of the meaning of walad which is a requirement for siblings to obtain inheritance. KHI in article 182 seems to globalize the word walad. KHI takes the opinion of Ibn Abbas ra. that the word walad includes boys and girls in order to create gender justice. The radd is the excess of inheritance after being distributed to the heirs and there are no 'asabah heirs. In this radd issue, KHI follows the opinion of Uthman bin Affan that the excess is returned to all heirs as stated in article 193.

Exploring the Impact of Son Preference on the Well-being of Daughters in Tanzania: A Multifaceted Analysis

In Tanzania, entrenched cultural norms favoring male offspring significantly influence family dynamics and pose considerable challenges to the well-being of daughters. This phenomenon, known as son preference, manifests in biased resource allocation, limited educational opportunities, and distinct healthcare differentials. This study delves into the multifaceted consequences of son preference on Tanzanian daughters, particularly in the Arusha Region. The cultural roots of son preference in Tanzania can be traced to historical and societal norms, where male heirs are traditionally viewed as primary caretakers and providers for aging parents. This mindset leads to biased resource allocation, impacting daughters' access to essential resources such as education, healthcare, and nutrition. Educational disparities are particularly pronounced, limiting girls' prospects and perpetuating gender-based inequalities in the workforce. The study employs a mixed-method approach, combining qualitative and quantitative data collection and analysis. It adopts a descriptive survey design, conducted in all seven district councils of Arusha Region. Both probability and non-probability sampling techniques are applied to select respondents, encompassing young women, girls, and stakeholders from various organizations. Results indicate a prevalent acknowledgment of son preference, particularly in pastoralist and agro-pastoralist communities. The study reveals how son preference affects education, health, and economic opportunities for daughters. Educational disparities, early marriage, unequal access to health care, and limited economic prospects are identified consequences. To address these challenges, the study emphasizes the need for a comprehensive approach involving changes in societal attitudes, policies promoting gender equality, and initiatives to empower girls. By challenging ingrained cultural norms, fostering educational opportunities, and ensuring equal access to healthcare, Tanzania can work towards dismantling barriers hindering the potential of its daughters. The study contributes to the discourse on gender equality, advocating for interventions that ensure the holistic development and flourishing of Tanzanian daughters.

NIKOLA CREPOVIĆ. A SERBIAN NOBLEMAN AND HIS FAMILY IN 16TH CENTURY TRANSYLVANIA

Nikola Crepović was one of the most representative Serbian nobles in the Kingdom of Hungary and Transylvania. In the two decades (1542–1562) in which he came to the attention of historical sources, this Serbian nobleman was involved in a series of events that marked the history of Central Europe. He built his career through working with both the Szapolyai family and the Habsburgs, and was rewarded with estates and dignities by both parties. Following the fall of Timișoara to the Ottomans (1552), Crepović fled with his family (wife Mara and daughters Jelena and Katerina) to Transylvania, where he built an estate in Hunedoara (Hunyad) and Alba (Fehér) counties. Through his daughters he was related to the ruling family of Wallachia and to important noble families in Transylvania. After his death he was buried in the Orthodox church of Bârsău (Hunedoara/Hunyad county) together with his wife and daughters. Because he had no male heirs, his estates, hard-won through faithful service to the Szapolyai or Habsburgs, came into the possession of nobles with whom he was related.

PEMBAGIAN HARTA WARISAN MASYARAKAT NAGARI AIR BANGIS KECAMATAN SUNGAI BEREMAS KABUPATEN PASAMAN BARAT PERSPEKTIF HUKUM ISLAM

This study examines the distribution of inheritance of the community of Nagari Air Bangis, Sungai Beremas District, West Pasaman Regency. From these problems the questions arise: (1) What is the system for distributing inheritance to the people of Nagari Air Bangis? (2) What is the view of Islamic law regarding the system of distributing inheritance in Nagari Air Bangis? This research is descriptive field research with a qualitative approach, namely research that understands what phenomena occur in the field, then analyzes the data using the source triangulation method. The results of this research are that the consideration of the Nagari Air Bangis community in implementing more inheritance distribution to men is based on the agreement of the heirs with the aim of having more male heirs, apart from that there are other factors such as customs and culture that have been passed down from generation to generation as well as the lack of public knowledge about division of inheritance in Islam. A review of Islamic law regarding the considerations used by the people of Nagari Air Bangis in implementing more distribution of inheritance to men in Islam is permissible, by following the provisions that apply therein, namely that each heir must know the share of each heir. before inheritance assets are distributed as stated in KHI Article 183.

Gendering the beginning of life: Taiwanese gay fathers' navigation of preimplantation genetic diagnosis-assisted sex selection in transnational third-party reproduction.

Preimplantation genetic diagnosis (PGD) has been used not only to avoid genetic diseases and increase conception success rates but also to perform non-medical sex selection, particularly in the surging cross-border reproductive care (CBRC). In the context of commercialised biomedicine, assisted reproductive technologies, such as lifestyle sex selection, have been tailored to meet intended parents' preferences. However, there is a lack of analysis on how individuals' reproductive decisions on PGD-assisted sex selection were shaped within the sociocultural norms and CBRC. This article explores Taiwanese gay fathers' navigations on sex selection while seeking third-party reproduction overseas because of local legal constraints. Drawing on in-depth interviews with 53 gay fathers (to-be), I analysed how 'individual preferences' were dynamically shaped by local sociocultural norms and embedded within transnational settings of routinising PGD in chosen repro-destinations. The findings showed that gay fathers mobilised strategic discourses on non-medical sex selection from both the local and the global to negotiate their decisions in coherence with their LGBTQ+ identity and their role as sons carrying familial responsibility to procreate male heirs. This article proposed a nuanced understanding of gay fathers' reproductive practices of 'gendering the beginning of life' through PGD-assisted sex selection.

Remembrances of things past: evidence from a twenty-year Kerala panel

ABSTRACTWe construct a panel of 242 households from five consecutive Kerala Migration Surveys that span 20 years at five-year intervals to study the fundamental determinants of the decision to migrate abroad as well as the decision to remit. Accounting for time-invariant unobservables and allowing migration and remittance behavior to depend upon previous choices clarifies our understanding of both decisions. Migration and remittance behavior display positive serial correlation over a five-year time horizon and the presence of a return migrant in the household increases the likelihood of migration by 13% and remittances by 4%. Migration is 1% more likely in female-headed households, 4% less likely when the household head is employed, increases by 0.4% for each additional year of the household head's age and is 6% more likely in households that are asset-poor. Remittances are between 20% and 70% more likely to obtain when the migrant was married at the time of migration and 3% less likely when the household head is employed, the latter suggesting either an old-age security or a co-insurance motive. Evidence in favor of a very strong inheritance competition motive is found in that each additional male heir increases the likelihood of remittances by between 8% and 31%. Based on our econometric evidence, and in particular our findings pertaining to serial correlation and the presence of a return migrant in the household, it is likely that both migration from and remittances to Kerala will quickly rebound to their pre-pandemic levels.

Pelaksanaan Pembagian Harta Warisan Di Desa Tuntungan II Kecamatan Pancur Batu Kabupaten Deli Serdang Menurut Hukum Adat

This inheritance law cannot be separated from human life itself because this inheritance law is very closely related between parents and children in terms of property that will be owned or given by their children. Therefore, related to the problem of heirs, they should know about who is called an heir, then the rights and obligations that must be accepted by heirs and the grouping of heirs in inheritance law so as to reduce the existence of misunderstandings between heirs with one another in distribution of inheritance in society. In the distribution of inheritance on inheritance in general, it must be fairly regulated based on the law that applies in the inheritance process. Therefore, the distribution of inherited assets should fulfill the elements of justice and achieve peace in the distribution of inherited assets because it is the most important thing so as not to cause legal consequences in the future. The research method is empirical legal research type, library data sources and field research. The sampling technique is used by purposive sampling. Data collection techniques are interviews and library research as well as qualitative analysis. The results of the research are the implementation of the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law, the karo village community still uses two applicable laws, namely the national law (KUHPerdata) and customary law where the customary law prioritizes the distribution to male heirs rather than female heirs and the obstacles faced in implementing the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law is patrilineal or prioritizing the distribution of heirs to men then raises the greedy nature of male heirs and a sense of unfairness from female heirs, causing disputes / disputes between the two.

Islamic Viewpoints on Opportunistic Sex Selection of IVF Embryos upon doing Preimplantation Genetic Testing for Preventing Genetic Diseases.

In recent years, preimplantation genetic testing (PGT) of IVF embryos have gained much traction in clinical assisted reproduction for preventing various genetic defects, including Down syndrome. However, such genetic tests inevitably reveal the sex of IVF embryos by identifying the sex (X and Y) chromosomes. In many countries with less stringent IVF regulations, information on the sex of embryos that are tested to be genetically normal is readily shared with patients. This would thus present Muslim patients with unintended opportunities for sex selection based on personal or social biases without any pressing need or valid medical reason. Additionally, there are other patients who claim using PGT for preventing genetic defects as a pretext or "convenient excuse," with a secret intention to do sex selection when it is banned in their home country. Currently, non-medicalsex selection is a highly-controversial and hotly debated issue in Islam, because there is generally a strong preference for having sons over daughters due to widespread cultural norms of elderly parents depending on their sons for financial support, as well as the need for male heirs to continue the family lineage within the backdrop of local patriarchal cultures. There is a risk of gender imbalance and social disequilibrium occurring in Islamic societies due to prevalent sex selection. Hence, the question is whether opportunistic sex selection with PGT would contravene Islamic ethics and principles, which will thus be discussed here.

Stories of women's marriage and fertility experiences: Qualitative research on urban and rural cases in Bali, Indonesia

Background: As a Hindu-majority province in Indonesia, Bali presents a unique and distinctive culture. Patrilocal (purusa) marriage and patrilineal inheritance as a continuation of the patriarchal system puts a man in the key role as a family successor. Having a son is a priority for a married couple in Balinese society. As a consequence, Balinese women experience several constraints related to their economic productive, reproductive, and adat (ritual) roles. When a family does not have a male heir, their daughter is pressed to find a spouse willing to accept sentana (matrilocal) marriage. This secondary form of marriage brings another complication for Balinese-Hindu women and does not necessarily relieve their submissive position. This research analyzes Balinese-Hindu women’s perspectives on their marriage experiences and fertility decisions. Methods: The data was collected in two areas representing rural (Banjar Tumbakasa in Gianyar) and urban (Banjar Biaung in Denpasar) locations in Bali Province, Indonesia from November 2019 to February 2020. Primary data was based on in-depth interviews of six rural and six urban married Balinese-Hindu women. Results: This qualitative inquiry into Balinese women's experience of the marriage system and fertility options in urban and rural Bali revealed varying degrees of social expectation to provide male descendants for their families. At the same time, economic burdens still haunt them in this development era, and have conflicting implications for family size. Their stories of purusa (patrilocal) and sentana (matrilocal) marriage were complex, being strongly associated with customary law (adat) in traditional society. Paradoxically, however, it was rural women in the study sample who disproportionately opted for the sentana arrangement and limitation of family size. Conclusions: This study explores women's fertility aspirations, notably regarding son precedence. It problematizes the sentana marriage alternative as a solution to lighten the expectations and burdens affecting women.

“Will doe all in her power”: the role of women in the contested will of Henry Cavendish

ABSTRACT When the 2nd Duke of Newcastle-upon-Tyne, Henry Cavendish died in 1691, he left behind one of the wealthiest estates in England. Having no male heir, he chose to leave his fortune to his favourite daughter Margaret. This decision was not well received by other family members, leading to a lengthy conflict culminating in court proceedings that attempted to contest the will. Utilising both judicial sources as well as personal correspondence, this paper examines the role and influence of the women within the Cavendish family in this process. It explores the methods by which they were able to participate both in and outside of court, and how they utilised both practical and emotional tactics to achieve their aims. This paper argues that the idealised roles of wife, mother and widow offered women a role of influence, lending credibility to their testimonies as well as enabling them to effectively manage family discord.

Renunciation of Inheritance in Istanbul Bāb Court Registry No. 3: Takhāruj

In the Ottoman Qadi Registers, it is seen that inheritance was shared in various ways. One of these is the takhāruj method. Takhāruj is an Islamic inheritance law term that refers to the renunciation of inheritance rights by heirs in exchange for property or for nothing. Based on court records, it is possible to see how people in Ottoman Istanbul three and a half centuries ago fought over their inheritance rights. Some of the heirs who did not receive their inheritance rights preferred to settle their inheritance through takhāruj. As can be seen in the documents, none of the heirs who made settlements through takhāruj could receive their original shares or a part of their shares, and they made settlements with other heirs in return for certain amounts. This study aims to analyze the takhāruj documents in the Istanbul Qadi Registers Bâb Court Registry No. 3 (H. 1077/M.1666-1667) and to evaluate the content and results of the takhāruj cases that were reflected in the court. İn this research, the methods of problem identification, data collection, data analysis, and interpretation of the results were applied. Accordingly, 14 takhāruj cases were identified by scanning the Bāb Court Registry No. 3. The language (diplomatic) and content of the takhāruj documents, the parties involved in the takhāruj document, the identities of those who made settlements with this method, the amounts and with whom they renounced their inheritance rights were determined. It is observed that some of the heirs renounced their rights to the inheritance specified in the document and made a settlement with the person who held the inheritance. In all of the takhāruj cases in this register, the heirs made a settlement with the other heir in exchange for the amount of money specified in the document instead of their inheritance shares in the inheritance. In four of the 14 cases, the heirs settled for cash and some previous debts. In three of these cases, the participants were non-Muslims. In six of these cases, only women, in six cases, only men, and in two cases, both male and female heirs settled with the heir who seized the inheritance (wāzı al-yad) through takhāruj. In five of these cases, the mediation of mediators (tawassut al-muslihīn - wasātat al-muslimīn) resulted in the settlement of the case through takhāruj, and in two of these five cases, there was a great deal of dispute between the heirs (munāza‘āt al- kasīra). An analysis of takhâruj cases shows that it is not possible to claim that the settling party agreed to the settlement voluntarily. As is evident in some of the cases, some heirs consented to the settlement by takhāruj because they could not receive their rights from the other heirs who held the inheritance despite their demands. It is always possible for heirs to consent to takhāruj because the Sharī'ah courts do not intervene in inheritance matters without a request (although the right to intervene is reserved in some cases), the kassāms collect a certain amount of tax called resm-i kısmet from the inheritance if the heirs demand division, and the uneasiness of bringing family matters to court. Since takhāruj documents are in the nature of a charge, the release of the other party’s liability by the one who consented to the settlement was recorded, and possible future inheritance claims were prevented. Although takhāruj, which is seen as one of the ways to solve historical problems related to inheritance, seems to solve problems as a type of settlement, the satisfaction of the party consenting to takhāruj is questionable. Historical records also show that inheritance disputes are an ancient problem of humanity.

Gender Justice in Inheritance Distribution Practices in South Aceh, Indonesia

This paper explores the practices of inheritance distribution among the people of South Aceh who commonly divide inheritance property based on customary inheritance law. Heirs receive their shares of inheritance not according to Islamic law (furudh al-muqaddarah), as both male and female heirs earn equal portions. The study of this paper aims to examine the concept of Islamic inheritance law from the perspective of gender equity, the pattern of interaction and formation of customary inheritance law in social institutions, and the basis for the community beliefs in dividing inheritance according to the custom and culture of South Aceh. The study obtained data by observing the practices of inheritance distribution in South Aceh and conducting in-depth interviews with the community figures, the representatives of Ulema Consultative Assembly (Majelis Permusyawaratan Ulama/MPU), and the judges at the Tapaktuan Sharia Court using an empirical juridical approach. The results of the study revealed that the concept of Islamic inheritance law has been an alternative and in line with the principle of gender justice for women in South Aceh as a manifestation of the principle of balanced justice. This principle has been reflected in the patterns of inheritance distribution through the respective customary law mechanisms in accordance with the agreement of all heirs. The people in South Aceh have preferred to divide inheritance through the customary law as it has been more flexible and taken into account the socio-economic conditions and values developed in their community.

ASHOBAH BILGHOIR; PRAKTIK DAN METODE PENYELESAIANNYA BERDASARKAN SYAJARAH AL-MIRATS

Islamic inheritance is synonymous with the comparison of the share between male and female heirs. Furu' and hawasyi heirs often become polemics over the value of the portion received by female heirs in particular. In practice, the share of inheritance for men and women is influenced by the existence of one another. Therefore the value of the part they will receive is determined by the whereabouts of each. This research will describe the practices and methods of solving the inheritance of ashobah bilghoir heirs based on the concept of syajarah al-mirats. The method used is a qualitative form with a type of library research. In this study, researchers collected data by searching some books, books, articles, and other scientific works related to the research theme. Furthermore, the data findings were analyzed descriptively with a conceptual approach. The results of this study explain that the practice of ashobah bilghoir inheritance can occur in the inheritance group of children, grandchildren, great-grandchildren, siblings, and half-brothers of the father. Meanwhile, in the settlement method, each male heir is counted as two people and one woman heir is still counted as one person. In addition, great-grandsons can have their ashobah combined with granddaughters.