Hak Waris Anak Perempuan dalam Islam: Kajian Komparatif terhadap Hukum Positif Indonesia

The inheritance rights of daughters in Islam have been a subject of ongoing debate and interpretation, particularly in the context of modern legal systems. While Islamic law provides a framework for inheritance, its application in contemporary societies often necessitates reconciliation with existing legal frameworks. This article delves into the intricacies of Islamic inheritance law concerning daughters, comparing its principles with the provisions of Indonesian positive law. By examining the historical context, legal interpretations, and practical implications, we aim to shed light on the complexities surrounding this crucial aspect of Islamic jurisprudence.

The Islamic Perspective on Daughters' Inheritance

Islamic inheritance law, derived from the Quran and Sunnah, emphasizes the importance of fairness and equity in distributing the estate of the deceased. The Quran explicitly outlines the shares allocated to different heirs, including daughters. According to Islamic jurisprudence, daughters are entitled to inherit a specific portion of their father's estate, typically half the share of a son. This principle is rooted in the belief that daughters, while contributing to the family's well-being, are not obligated to support their parents financially in the same way as sons. However, the exact share of a daughter's inheritance can vary depending on the presence of other heirs, such as siblings, spouses, or parents.

Indonesian Positive Law and its Interaction with Islamic Inheritance

Indonesia, as a predominantly Muslim country, recognizes Islamic law as a primary source of personal law, including inheritance. The Indonesian Civil Code (KUHPerdata) acknowledges the principles of Islamic inheritance, but it also incorporates elements of Dutch colonial law, creating a hybrid legal system. This hybrid approach has led to complexities in applying Islamic inheritance law in Indonesia. For instance, the KUHPerdata allows for the testator to create a will that deviates from the prescribed Islamic shares, potentially leading to disputes and challenges.

Reconciling Islamic Law and Indonesian Legal Framework

The reconciliation of Islamic inheritance law with Indonesian positive law presents a significant challenge. While the Indonesian legal system acknowledges the principles of Islamic inheritance, it also seeks to ensure fairness and prevent potential exploitation of vulnerable individuals. This has led to a nuanced approach where Islamic principles are applied within the framework of Indonesian law. For example, the Indonesian courts have interpreted the provisions of the KUHPerdata in a way that aligns with the spirit of Islamic inheritance law, ensuring that daughters receive their rightful share.

Challenges and Perspectives

The application of Islamic inheritance law in Indonesia faces several challenges. One key issue is the interpretation of Islamic principles in the context of modern society. The changing social and economic landscape has raised questions about the relevance of traditional inheritance practices. Moreover, the presence of different schools of Islamic thought can lead to varying interpretations of inheritance rules, potentially causing disputes among family members.

Conclusion

The inheritance rights of daughters in Islam are a complex and multifaceted issue, particularly in the context of Indonesia's hybrid legal system. While Islamic law provides a framework for equitable distribution of inheritance, its application in Indonesia requires careful consideration of both Islamic principles and the provisions of Indonesian positive law. The ongoing dialogue and interpretation of these legal frameworks are crucial for ensuring that daughters receive their rightful share of inheritance while upholding the principles of fairness and justice.