Legist Ratio on the Distribution of the Inheritance between Men and Women in order to Protect Women’s Rights: Islamic Law Experience

Proceedings of ‏The 2nd Global Conference on Women’s Studies

Year: 2021

DOI: https://www.doi.org/10.33422/2nd.womensconf.2021.06.3120

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Legist Ratio on the Distribution of the Inheritance between Men and Women in order to Protect Women’s Rights: Islamic Law Experience

Rizkisyabana Yulistyaputri and Sharfina Sabila

ABSTRACT: 

A legal event called death will have various legal consequences; one of them is the distribution of property left by the deceased, namely inheritance. The proportion of distribution of inheritance assets often creates disputes between the parties. In Islamic law, the distribution of inheritance is regulated in detail in the Qur’an as the main source of law. Generally, it gives a greater share of the inheritance to male heirs rather than to female heirs, with a ratio of 2: 1. This differentiation based on gender seems to be unfair for women. In fact, this arrangement actually gives protection for women in a society.  Based on Qur’an, Hadits, and postive law in Indonesia, it can be seen how Islam protects women with the provision of the distribution of inheritance. This article will discuss from the perspective of Islamic Law on how to distribute the proportion of inheritance between men and women in order to protect the basic rights of a woman.

Keywords: Islamic Law; Inheritance; Women; Rights; Protection.