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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This study aims to explain the comparison of the views of Islamic Law and Positive Law on the impact of gender change on the division of inheritance property.
This research is a qualitative research, using a normative approach. This research uses data collection methods in the form of literature studies, namely research whose studies are carried out by examining and tracing various literature, books and other sources, because the object of study is the Impact of Gender Changes and Refinements on the Division of Inheritance in the Perspective of Islamic Law and Positive Law. Through this literature study, researchers collect various data from various sources to be processed with the results presented in narrative form.
The results showed that civil law does not distinguish inheritance between men and women. In addition, the Civil Code does not regulate the position of transgender heirs, so the status or sex of a transgender is proven by his or her population documents. Meanwhile, Islamic Law does not specify the inheritance of people who undergo sex change surgery, but if the nature and purpose of sex change surgery is tabdil/taghyir, which means changing Allah's creation, then the share of inheritance rights remains as before the sex change surgery. Meanwhile, if a person undergoes sex reassignment surgery because of a sex abnormality (for example, multiple sexes) with the aim of tashih or takmil (repair or refinement) then the share of inheritance rights is in accordance with the sex after surgery.

42/PMH/2024

42/PMH/2024

Perpustakaan FSH Lantai 4

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