Hukum Waris Banci Perspektif Fiqh Islam dan Kitab Undang-Undang Hukum Perdata

Karimulloh Karimulloh

Abstract


hree things must be fulfilled to distribute the inheritances: inheritor(s
),
heir(s
), and inheritance. The problem arises if the sex is unknown
(transvestite
), will he receive the male’s or female’s portion of inheritance?
This research uses a literature research method, namely by analyzing
existing literature materials, both from the literature and from the laws and
regulations, especially those relating to inheritance laws. Research results
obtained by researchers that the Criminal Code has not discussed the
transvestite laws. The Criminal Code does not differentiate between male
and female inheritance whereas Islamic fiqh represented by Islamic Laws
Scholars begged to differ in views about the rule of transvestite and the
person who inherited with him: Hanafiyah argued that transvestites took the
worst part and the heirs with him made the best part. Malikiyah explained
transvestite and the person who inherited with him got half the male and
half of women. Syafi'iyah argued that transvestites and the person who
inherited with him had the worst part of the two possibilities of being male
or female. Hanabilah was of the opinion that if the transvestite was still
small then they agreed with the view of syafi'iyah, whereas if the transvestite
had already matured then they agree with his opinion malikiyah.


Keywords


Transvestite, Inheritance, Islamic Laws, and Code of Civil Law

Full Text:

PDF


DOI: https://doi.org/10.33476/ms.v5i1.851

Refbacks

  • There are currently no refbacks.




_________________________________________________ 

Copyright of Sainstekes Magazine.

Powered by OJS.

 This work is licensed under a Creative Commons Attribution- NonCommercial 4.0 International License.