Kedudukan transgender terhadap hak waris ditinjau dari fiqh mawaris

Abstract

Transgender is now very widespread in people's lives in the current era of globalization. Where many people perform sex change operations in order to become a real man or woman. This is still considered an act that violates nature and contradicts Islamic religious values. In Islam, it only regulates the division of inheritance for men and women and does not regulate inheritance for transgender people. This study aims to describe the position of transgender and determination of inheritance for transgender according to the jurisprudence of Mawaris, the type of research is library research, the approach used is a normative approach with data collection techniques through library research and analyzed using qualitative methods. The results of this study indicate that the position of transgender inheritance in Islamic law will get inheritance according to the sex before the operation. However, if the operation is carried out in terms of perfecting and disposing of one of the sexes based on the dominant sex, the determination of inheritance law is seen by the way urine is released for the first time and also seen by signs of maturity.