Hak Mewaris Transeksual Menurut Hukum Waris Islam

Hidayatullah, Syarif (2020) Hak Mewaris Transeksual Menurut Hukum Waris Islam. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

In the compilation of the Islamic Law (KHI) It is stated that "the law of inheritance is the law governing the transfer of the heirs of the inheritance of the heir to the heirs, determining who is entitled to be heirs and of the respective parts". While according to Prof. Dr. Amir Syarifudin can be interpreted by "a set of rules written based on the revelation of God and the Sunnah of the prophet about the transition of treasures or tangible treasures from the dead to the living, recognized and believed to be valid and binding for all who are Muslim". The rule of the inheritance was set by his word in the Qur'an. But the problem is lively at this time about the inheritance for transsexual. The inheritance of this transsexual is not regulated in the Nash and the laws in Indonesia. The problem of gender confusion or often referred to as transsexual. The transsexual is a symptom of a person's dissatisfaction so that it performs genital surgery, because they think that the absence of a match between physical and genital form is mental and is dissatisfied with his sex. When the nature and purpose of its operations is Tabdil/Taghyiril Khilqah means to change the creation of God from men to women or vice versa, then the status of his gender remains as a man, unchanged, so that his position as heir for example, he remained status with his true natural gender at the time of birth. Therefore, a woman who performs genital surgery to be a man, has no right to sue her inheritance as part of men (2:1) for both men and women in Islamic law), because it is lawful as a woman.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Heels, Heir, Transsexual
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Didik Ahmad
Date Deposited: 17 Jun 2021 03:17
Last Modified: 17 Jun 2021 03:17
URI: http://repository.untag-sby.ac.id/id/eprint/9375

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