HIKMAH DIBALIK KAEDAH DUA BANDING SATU PADA HUKUM WARISAN

Abstract

The principle of balanced justice in Islamic inheritance law dictates that men and women are equally entitled to appear as heirs, with different forms. Based on the qath'i text, the just and balanced means in the Islamic inheritance law is that the male portion is equal to the share of two women (2: 1 for male and female). The difference in costs is not due to gender issues, but rather the differences in duties and responsibilities imposed on men are greater than those imposed on women in the context of Islamic society, according to conventional standard theory which states: "The greater and heavier the burden is men, the greater the rights that will be obtained ", due to the costs that must be incurred to carry out greater responsibilities.