KEDUDUKAN AHLI WARIS YANG BERKELAMIN GANDA DALAM HUKUM ISLAM

PUTRI, ZETA FADIAH INGE and Gofar, Abdullah and Hamid, Kms. Abdullah (2019) KEDUDUKAN AHLI WARIS YANG BERKELAMIN GANDA DALAM HUKUM ISLAM. Master thesis, Sriwijaya University.

[img] Text
RAMA_74102_02022681721007.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (9MB) | Request a copy
[img] Text
RAMA_74102_02022681721007_TURNITIN.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (17MB) | Request a copy
[img] Text
RAMA_74102_02022681721007_0009126103_01_front_ref.pdf - Accepted Version
Available under License Creative Commons Public Domain Dedication.

Download (3MB)
[img] Text
RAMA_74102_02022681721007_0009126103_02.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (240kB) | Request a copy
[img] Text
RAMA_74102_02022681721007_0009126103_03.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (293kB) | Request a copy
[img] Text
RAMA_74102_02022681721007_0009126103_04.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (82kB) | Request a copy
[img] Text
RAMA_74102_02022681721007_0009126103_05_ref.pdf - Bibliography
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (123kB) | Request a copy
[img] Text
RAMA_74102_02022681721007_0009126103_06_lamp.pdf - Accepted Version
Restricted to Repository staff only
Available under License Creative Commons Public Domain Dedication.

Download (8MB) | Request a copy

Abstract

In general, the effort to obtain a gender identity is a process that is smooth and free from difficulties. Humans are grouped as men and women at birth treated as boys and girls by parents and easily learn gender when they are adults. But a small number of people have difficulties in determining gender. What is meant is double sex or in Islam known as Khunsa, which has a different physical condition than humans in general with two sexes at once. With the existence of this khunsa condition, there is confusion in determining inheritance rights or inheritance, therefore the main problem in this study is how to determine the status of people who are sexually transmitted in Islamic Law and National Law, and how the position of multiple-heirs in Islamic Law . This research is an explanatory normative research with Law, Undocumented, Sociological and Case approaches, while using secondary data sources obtained from primary legal materials, secondary legal materials and tertiary legal materials. Data collection of this research was carried out by literature study. Based on the results of the discussion of the subject matter, the following conclusions can be drawn: How to determine the status of a khuntsa according to the scholars can be determined in two ways, the first, seeing the first time the urine comes out and the second seen from the signs of maturity. The jurists divided the khuntsa into two types, namely khuntsa ghairu musykil is a person who has dual genitals, but his status is known that he is a male status when throwing urine through zakar or he is a woman's status when throwing urine through farji and abstruse khuntsa is someone who has multiple genitals, if he discards his urine through the two genitals together. According to national law the way to determine the status of a khuntsa is seen from a medical point of view, then a genital refinement operation is carried out and submit a request for sex change to the Court. The inheritance division for a khuntsa ghairu muskyil is seen from its status after several ways by seeing the first discharge of urine and also being seen from signs of maturity. The division of inheritance of a khuntsa musykil the ulama differed, according to the Hanafi school the khuntsa was given the smallest part of two estimates of men and women, according to the Shafi'i school the khuntsa was given the smallest portion of male and female parts and the remaining assets were suspended until the status of khuntsa obviously, according to the Maliki khuntsa school the second smallest part of the estimation of men and women which is then divided by half.

Item Type: Thesis (Master)
Uncontrolled Keywords: Heirs, Double Gender, Khunsa, Islamic Law
Subjects: K Law > K Law (General) > K100-103 Legal education
K Law > K Law (General) > K7155-7197 Domestic relations. Family law
K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence
K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KBP524-638 Ah. wāl shakhs. īyah
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Users 474 not found.
Date Deposited: 30 Jul 2019 07:59
Last Modified: 30 Jul 2019 07:59
URI: http://repository.unsri.ac.id/id/eprint/1291

Actions (login required)

View Item View Item