KONSEP PEMBAGIAN HAK WARIS PADA ANAK (STUDI KOMPARATIF PEMIKIRAN M. QURAISH SHIHAB DAN AMINA WADUD)

Abstract

A rule known as inheritance law governs the transfer of ownership rights to inheritance (tirkah) from the testator. It also establishes who is eligible to inherit and how much of each heir's portion is theirs. Islamic inheritance law governs the passing of an heir's ownership rights to his successors. The Muslim community will benefit from this study's improved understanding of Islamic inheritance laws, particularly in light of M. Quraish Shihab's view. By dissecting and assessing Quraish Shihab's interpretation of inheritance distribution, it will offer a more thorough understanding of how Islamic law approaches the division of inheritance and significantly advance the field. This may contribute to deepening understanding of the use of Islamic law in the modern world. This thesis makes use of library research as its research methodology. Therefore, reading and comprehending the library books that serve as the data's source is the method employed to obtain the data. Based on the discussion of the two figures' perspectives, it is evident that Quraish Shihab and Amina Wadud have different views on how inheritances should be distributed. Quraish Shihab believes that a 2:1 ratio should be given priority because this is a directive from Allah, but it is still possible to use a 1:1 ratio if all parties receiving the inheritance agree on the amount of distribution. On the other hand, Amina Wadud prioritizes how inheritances should be distributed should be allocated must take into account the advantages for the assets and the beneficiaries of the inheritance.

Kata kunci: Inheritance, Child, Quraish, Amina