Analisis Yuridis Ayat 9 Surat An-Nisa: Perspektif Hukum Islam dan Hukum Positif
The interpretation and application of religious texts, particularly in the realm of law, often present complex challenges. One such instance is the analysis of verse 9 of Surah An-Nisa in the Quran, which deals with inheritance. This verse has been the subject of extensive scholarly debate, with interpretations varying across different schools of Islamic jurisprudence and legal systems. This article delves into the legal analysis of this verse, examining its implications from both Islamic law and positive law perspectives.
Understanding the Verse
Verse 9 of Surah An-Nisa states: "For men is a share of what the parents and near kindred leave, and for women is a share of what the parents and near kindred leave, whether it be little or much - a determinate share." This verse establishes the principle of inheritance in Islam, outlining the division of property among heirs. The verse emphasizes the right of both men and women to inherit, albeit in different proportions.
Islamic Law Perspective
Islamic law, or Sharia, derives its principles from the Quran and Sunnah (the Prophet Muhammad's sayings and actions). The interpretation of verse 9 of Surah An-Nisa has been a subject of extensive discussion among Islamic scholars. The verse itself does not explicitly specify the exact proportions of inheritance for men and women. However, the Quran and Sunnah provide further guidance on this matter.
The Hanafi school of Islamic jurisprudence, for instance, interprets the verse to mean that men inherit twice the share of women. This interpretation is based on other verses in the Quran and hadiths (Prophet Muhammad's sayings) that specify the proportions for specific heirs. The Maliki, Shafi'i, and Hanbali schools, on the other hand, interpret the verse differently, arguing that the proportions vary depending on the specific kinship relationship of the heir.
Positive Law Perspective
Positive law refers to the laws enacted by states and governments. In many Muslim-majority countries, inheritance laws are based on Islamic principles, but they may also incorporate elements of positive law. For example, in some countries, the inheritance of property is subject to registration and taxation.
Furthermore, some countries have adopted civil codes that incorporate elements of Islamic law but also include provisions that address modern societal realities. These codes may address issues such as inheritance rights of illegitimate children, inheritance by spouses, and the inheritance of property acquired through joint ownership.
Conclusion
The analysis of verse 9 of Surah An-Nisa reveals the complexities of interpreting religious texts in a legal context. While Islamic law provides the foundational principles for inheritance, its application in specific cases can vary depending on the school of jurisprudence and the legal system in place. Positive law, on the other hand, seeks to address contemporary societal needs and may incorporate elements of Islamic law while also introducing its own provisions. Understanding the interplay between Islamic law and positive law is crucial for navigating the legal landscape of inheritance in Muslim-majority societies.