Warisan Khunśa dan Relevansi Pandangan Ulama Syafi’iyah di Masa Kini

Authors

  • Lia Dahliani

DOI:

https://doi.org/10.33477/thk.v12i2.35

Abstract

This study confirmed that in relation to inheritance, khunsa (hermaphrodites) got the part and the different divisions and they tend to get a smaller share of the inheritance. This paper discussed the legacy of khunsa in the discourse of Shafi’ites and its relevance in solving the inheritance issues in the contemporary era. The main sources of this paper are Shafi’ite’s books such as Al-Hawi al-Kabir written by Abu Hasan al-Mawardi Al-Basri, Mughni al-Muhtaj written al-Syarbaini, Majmu’ Syarh al-Muhaźźab by Imam an-Nawawi and so on. This is a library research. It used a philosophical approach. Descriptive and explanatory were used as analysis method. According to Syafi’iyahs, if gender status of khunsa remains intractable (musykil), then his or her inheritance is suspended until there is mutual agreement between the heirs. Keyword: inheritance, khunsa, Shafi’ites, contemporary era

Downloads

Published

2017-10-01

Issue

Vol. 12 No. 2 (2016)

Section

Articles

License

The Authors submitting a manuscript do so on the understanding that if accepted for publication, copyright of the article shall be assigned to TAHKIM: JURNAL HUKUM dan SYARIAH as publisher of the journal.
Copyright encompasses exclusive rights to reproduce and deliver the article in all form and media, including reprints, photographs, microfilms and any other similar reproductions, as well as translations. The reproduction of any part of this journal, its storage in databases and its transmission by any form or media, such as electronic, electrostatic and mechanical copies, photocopies, recordings, magnetic media, etc., will be allowed only with a written permission from TAHKIM: JURNAL HUKUM dan SYARIAH.
TAHKIM: JURNAL HUKUM dan SYARIAH, the Editors and the Reviewers make every effort to ensure that no wrong or misleading data, opinions or statements be published in the journal. In any way, the contents of the articles and advertisements published in the TAHKIM: JURNAL HUKUM dan SYARIAH are sole and exclusive responsibility of their respective authors and advertisers.