Ilmu Faraid dan Keadilan Gender: Perspektif Islam dan Hak Asasi Manusia

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The intricate tapestry of Islamic jurisprudence, particularly the branch known as *faraid*, has long been a subject of scholarly debate and practical application. This intricate system of inheritance laws, rooted in the Quran and Sunnah, aims to ensure a just and equitable distribution of assets among heirs. However, in the contemporary world, the intersection of *faraid* with the principles of gender equality and human rights has sparked renewed discussions and interpretations. This article delves into the complexities of *faraid* and its relationship with gender justice, exploring both Islamic perspectives and the broader framework of human rights. #### Understanding Faraid: A Framework for Equitable Inheritance *Faraid* is a fundamental pillar of Islamic law, outlining the prescribed shares of inheritance for various relatives. The Quran explicitly states the shares for specific heirs, including spouses, children, parents, and siblings. This system aims to ensure fairness and prevent disputes over inheritance, promoting social harmony and stability. The shares allocated to each heir are based on their relationship to the deceased and their respective needs. For instance, a son inherits twice the share of a daughter, reflecting the historical societal roles and responsibilities. However, this seemingly unequal distribution has been a source of contention, particularly in the context of contemporary gender equality discourse. #### Gender Equality and the Interpretation of Faraid The issue of gender equality in *faraid* is a complex one, requiring careful consideration of both Islamic principles and contemporary human rights standards. While the Quranic verses on inheritance appear to favor males over females, Islamic scholars have offered diverse interpretations. Some argue that the apparent disparity is rooted in historical societal norms and that the Quranic verses should be understood within their specific context. Others emphasize the importance of considering the broader principles of justice and equity within Islamic law, suggesting that the apparent inequality in *faraid* can be reconciled with the principles of gender equality. #### Human Rights and the Pursuit of Gender Justice The Universal Declaration of Human Rights (UDHR) and other international human rights instruments unequivocally affirm the principle of gender equality. Article 1 of the UDHR states that "all human beings are born free and equal in dignity and rights." This principle extends to all aspects of life, including inheritance rights. The application of human rights principles to *faraid* raises questions about the compatibility of Islamic law with international standards. Some argue that *faraid* is a matter of religious law and should not be subject to external scrutiny. Others contend that human rights principles, particularly those related to gender equality, are universal and should be applied to all legal systems, including Islamic law. #### Reconciling Islamic Law and Human Rights: A Path Forward The challenge lies in finding a harmonious balance between Islamic law and human rights principles. This requires a nuanced understanding of both systems and a willingness to engage in constructive dialogue. One approach is to interpret *faraid* within the broader framework of Islamic principles of justice and equity, recognizing the need to address contemporary concerns about gender equality. Another approach is to explore alternative mechanisms for ensuring fairness and equity in inheritance, such as the use of trusts or charitable donations. Ultimately, the goal is to create a system that is both consistent with Islamic principles and respectful of human rights. The intersection of *faraid* and gender equality is a complex and multifaceted issue. While the Quranic verses on inheritance have been interpreted in various ways, the need for a just and equitable system that respects both Islamic principles and human rights remains paramount. By engaging in open dialogue, fostering mutual understanding, and exploring innovative solutions, we can strive towards a future where Islamic law and human rights principles work in harmony to promote gender justice and social harmony.