Peran dan Posisi Anak Perempuan dalam Sistem Waris Islam: Sebuah Tinjauan Kritis

The Islamic inheritance system, known as *faraid*, has been a subject of ongoing debate and interpretation, particularly concerning the role and position of daughters within this framework. While the Quran and Sunnah provide clear guidelines, the application of these principles in diverse contexts has led to varying interpretations and practices. This article aims to critically examine the role and position of daughters in Islamic inheritance, exploring the historical, legal, and social dimensions of this complex issue.

The Quranic Framework: Equality and Proportionality

The Quranic verses on inheritance establish a fundamental principle of equality between male and female heirs, albeit with a specific ratio. The verse 4:11 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 emphasizes the right of both men and women to inherit, but it also introduces the concept of "determinate shares," which are not necessarily equal. The Quran further clarifies this ratio in verse 4:176, stating that "For the male is the equivalent of the portion of two females." This verse has been interpreted to mean that a son receives twice the share of a daughter.

Historical and Cultural Context: The Evolution of Interpretation

The interpretation of these Quranic verses has evolved throughout history, influenced by various cultural and social factors. In early Islamic society, the emphasis on the "two-to-one" ratio was often interpreted literally, leading to a significant disparity in inheritance between sons and daughters. This practice was further reinforced by the prevailing patriarchal social structures, where men were considered the primary breadwinners and inheritors of family property. However, scholars have argued that the Quranic verses should be interpreted within the broader context of Islamic principles, emphasizing justice and fairness.

The Role of Legal Scholarship: Reinterpreting the "Two-to-One" Ratio

Islamic legal scholars have engaged in extensive debates regarding the interpretation of the "two-to-one" ratio. Some scholars have argued that the ratio should be applied strictly, while others have proposed alternative interpretations. For instance, some scholars have suggested that the ratio applies only in specific circumstances, such as when there are no other heirs or when the inheritance is limited to a specific type of property. Others have argued that the ratio should be understood as a general principle, but it can be adjusted based on the specific circumstances of each case.

The Social Impact: Challenges and Opportunities

The interpretation and application of Islamic inheritance laws have had a significant impact on the social and economic status of women. In some contexts, the "two-to-one" ratio has been used to justify the disinheritance of daughters or the allocation of significantly smaller shares compared to their brothers. This has resulted in economic vulnerability for women, particularly in societies where women have limited access to education and employment opportunities. However, there have also been efforts to promote a more equitable interpretation of Islamic inheritance laws, emphasizing the importance of ensuring that daughters receive a fair and just share of their inheritance.

Conclusion: Towards a More Equitable Future

The role and position of daughters in Islamic inheritance remains a complex and multifaceted issue. While the Quranic framework emphasizes equality and proportionality, the interpretation and application of these principles have been influenced by historical, cultural, and social factors. The ongoing debate among Islamic scholars and the growing awareness of gender equality in contemporary society present opportunities for a more equitable and just interpretation of Islamic inheritance laws. By promoting a deeper understanding of the Quranic verses, engaging in critical analysis of historical interpretations, and advocating for social reforms that empower women, we can work towards a future where daughters are fully recognized and empowered within the Islamic inheritance system.