STUDI PERSAMAAN BAGIAN WARIS ISLAM ANTARA LAKI-LAKI DAN PEREMPUAN DALAM COUNTER LEGAL DRAFT-KOMPILASI HUKUM ISLAM (CLD-KHI).

WASIS FAJAR AULADI, NIM.: 16350031 (2021) STUDI PERSAMAAN BAGIAN WARIS ISLAM ANTARA LAKI-LAKI DAN PEREMPUAN DALAM COUNTER LEGAL DRAFT-KOMPILASI HUKUM ISLAM (CLD-KHI). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Counter Legal Draft-Compilation of Islamic Law (here and after called as CLD-KHI) is a draft bid formed by The Gender Mainstreaming Team in 2004 as a means to replace the position of The Islamic Law Compilation which was establiseh in 1991. One of the substance of draft is regarding Islamic inheritance law which later became a polemic for debate in the community. Both from scholars and academic. One of the issues is a equal share of inheritance between a man and women. This thesis is written to determine the factors behind the discourses on the equality of the share of Islamic inheritance between men and women in CLD-KHI, as well as the basis for reviewing Maqāshidu asy-Syarī’ah footing on the rules of equality of inheritance between men and women in CLD-KHI. This research is a Library Research type of research, which is research by collecting writings or written works that are relevant to the subject matter baing studied. The nature and approach is to use the descriptive-analytical nature and the philosophical approach. The analytical-descriptive nature is intended to examine carefully and critically of the texts, texts, and writings on the background of the equality of inheritance formulation between men and women in the Islamic Inheritance Law of CLD-KHI. While the philosophical approach is used by researchers to examine and interpret writings, texts, and texts related to analysis of background influences and analysis of Maqashidu asy-Syarī’ah footing on the rules of equality of inheritance between men and women in Islamic Inheritance law CLD-KHI. The results showed that the ruls for the equality of share of inheritance between men and women in CLD-KHI were caused by the influence of Munawwir Syadzali’s thinking and the Feminism Movement. As for the point of view of the Maqāshidu asySyarī’ah review, then the discourse is not appropriate to apply.

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