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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta
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The Inheritance Rights Of Women In The Perspective of Tadarruj Fi Tasyri’:A Studi On Gender Equality In Indonesia
Farhan Farid - Personal Name
The aim of this research is to provide an in-depth explanation of the historical
development and how social roles influence the distribution of inheritance from the
pre-Islamic era to the modern age. Furthermore, this research aims to explore and
analyze how the principle of tadarruj fi tasyri’ and the jurisprudential maxim "Alhukmu
yaduru ma'a illatihi wujudan wa 'adaman" (The law follows its underlying
cause/‘illat in its existence and absence) serve as a foundation for understanding and
addressing the issues of inheritance distribution between men and women amidst the
discourse of gender equality.
This study employs a qualitative research method with a normative-juridical
approach. It also employs a historical approach to trace the evolution of law from the
pre-Islamic period to the contemporary era, as well as a case-based approach through
the analysis of religious court decisions in Indonesia. The discussion highlights that
during the pre-Islamic era, women did not receive inheritance and were even
positioned as objects to be inherited. Subsequently, Islam emerged, introducing
gradual legal recognition through the process of tadarruj to abolish discriminatory
practices against women, including the granting of inheritance rights.
The results of the analysis indicate that the principle of tadarruj fi tasyri’
demonstrates Islam's dynamic and responsive nature toward justice. Referring to the
maxim "Al-hukmu yaduru ma'a illatihi wujudan wa 'adaman," this study concludes
that in the contemporary Indonesian context, the transformation of women's social
roles allows for new ijtihad (independent legal reasoning). This is reflected in several
court jurisprudences that implement equal distribution to achieve substantive justice.
vi
Keywords: Women's inheritance rights, Tadarruj fi Tasyri', Gender Equality, Justice,
Al-hukmu yaduru ma'a illatihi wujudan wa 'adaman,"
development and how social roles influence the distribution of inheritance from the
pre-Islamic era to the modern age. Furthermore, this research aims to explore and
analyze how the principle of tadarruj fi tasyri’ and the jurisprudential maxim "Alhukmu
yaduru ma'a illatihi wujudan wa 'adaman" (The law follows its underlying
cause/‘illat in its existence and absence) serve as a foundation for understanding and
addressing the issues of inheritance distribution between men and women amidst the
discourse of gender equality.
This study employs a qualitative research method with a normative-juridical
approach. It also employs a historical approach to trace the evolution of law from the
pre-Islamic period to the contemporary era, as well as a case-based approach through
the analysis of religious court decisions in Indonesia. The discussion highlights that
during the pre-Islamic era, women did not receive inheritance and were even
positioned as objects to be inherited. Subsequently, Islam emerged, introducing
gradual legal recognition through the process of tadarruj to abolish discriminatory
practices against women, including the granting of inheritance rights.
The results of the analysis indicate that the principle of tadarruj fi tasyri’
demonstrates Islam's dynamic and responsive nature toward justice. Referring to the
maxim "Al-hukmu yaduru ma'a illatihi wujudan wa 'adaman," this study concludes
that in the contemporary Indonesian context, the transformation of women's social
roles allows for new ijtihad (independent legal reasoning). This is reflected in several
court jurisprudences that implement equal distribution to achieve substantive justice.
vi
Keywords: Women's inheritance rights, Tadarruj fi Tasyri', Gender Equality, Justice,
Al-hukmu yaduru ma'a illatihi wujudan wa 'adaman,"
Ketersediaan
| 10/PMH/2026 | 10/PMH/2026 | Perpustakaan FSH Lantai 4 | Tersedia |
Informasi Detil
Judul Seri
-
No. Panggil
10/PMH/2026
Penerbit
Fakutas Kedokteran Universitas Indonesia : UIN Sarif Hidayatullah., 2026
Deskripsi Fisik
x,58 hal; 25 cm
Bahasa
English
ISBN/ISSN
-
Klasifikasi
10/PMH/2026
Informasi Detil
Tipe Isi
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Tipe Media
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