Year: 2024
Type: article
Abstract: This study explores gender justice within the framework of Islamic inheritance law, focusing on a comparative analysis between the faraid system and modern principles of gender equality. The faraid system, as a classical Islamic legal framework, strictly regulates inheritance distribution, including gender-based differences in shares. In contrast, the principle of gender equality demands equal treatment of men and women in all aspects of life, including inheritance rights. This research aims to examine how faraid can be contextually interpreted to achieve substantive justice for women while upholding the core principles of Islamic law. Using a qualitative approach and comparative analysis, the study finds that there is room for ijtihad in the application of Islamic inheritance law, allowing for a balance between normative Islamic justice and contemporary demands for gender equality.
Author: A. Fahrur Rozi
Institution: Universitas Islam Raden Rahmat Malang
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411124508