HUKUM WARIS TRANSGENDER (STUDI KOMPARATIF PANDANGAN ANGGOTA KOMISI FATWA MUI DI YOGYAKARTA DAN ANGGOTA MAJELIS TARJIH WA TAJDID PIMPINAN PUSAT MUHAMMADIYAH)

Syarifah Salimah Nailulmuna, NIM.: 20103060002 (2024) HUKUM WARIS TRANSGENDER (STUDI KOMPARATIF PANDANGAN ANGGOTA KOMISI FATWA MUI DI YOGYAKARTA DAN ANGGOTA MAJELIS TARJIH WA TAJDID PIMPINAN PUSAT MUHAMMADIYAH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Transgender or often known as waria is a deviant act that is rampant today. Seeing the development of the times and the emergence of deviant acts, changing the customary order in the community, including in terms of the right to receive inheritance by the transgender heirs. The deviations that occur, make it much more difficult for families who want to divide their inheritance. The academic problem that arises is how the law of inheritance for transgender and how the position of transgender in Islam so that he gets the right to distribute inheritance in the family. To answer these problems, this research analyzes the views of Members of the Fatwa Commission of MUI Yogyakarta and Members of the Tarjih Wa Tajdid Assembly of Muhammadiyah Central Leadership and how the comparative analysis of the two Members of the institution. The two institutions were chosen because they are both considered to have a fairly strong fatwa institution role in Indonesia. This research is a mixed research consisting of field research and qualitative literature research with a fiqh ushul fiqh approach that focuses on shar'i law, extracted from detailed arguments and compared with the opinions of members of the two fatwa institutions. The analysis technique used is descriptive-analysis using maqashid shari'ah theory. Based on the data that has been collected and analyzed, this research produces several findings. First, members of the Fatwa Commission of MUI Yogyakarta and members of the Tarjih Wa Tajdid Assembly of the Muhammadiyah Central Leadership stated that the inheritance law for transgender people is allowed to receive the right to distribute inheritance property in accordance with the position of the sex they had when they were first born. Second, the difference in the basis used to determine a law, plays a role in exploring the problem of inheritance law for transgender using the maqashid shari'ah blade in which there are verses of the Qur'an, Hadith and fiqh rules.

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