WARIS TRANSGENDER (Studi Komparatif Antara Fikih Mawaris Dan Kitab Undang- Undang Hukum Perdata)

Abstract

Transgender is a modern social phenomenon, transgender people whose way of behaving or looking is not by their gender role or dissatisfaction with their genitals. In Islam, transgender is called mukhannath which means to act like a woman or have many feminine and gentle qualities. The existence of the transgender phenomenon certainly impacts various aspects, one of which is regarding the concept of inheritance. Neither the Civil Code nor the Al-Qur'an and Al-Hadith explain the inheritance provisions for transgender heirs. The problem that is the focus of this research is what is the status of transgender inheritance and what is the portion of transgender inheritance according to Fiqh Mawaris and the Civil Code. This type of research includes library research which uses a comparative library approach, namely a study conducted by comparing provisions, rules, principles, or the legal system. The study results show that the concept of inheritance for transgender heirs according to the Civil Code is the status of inheritance and the portion of inheritance given to them is not affected by their gender. In contrast, in the concept of transgender inheritance, according to Fikih Mawaris, transgender inheritance status is determined based on the reason for the person having sex surgery, if genital surgery is carried out to change without any urgent reasons, the inheritance status is based on gender before surgery. However, suppose the operation is carried out to perfect or repair as in khuntha for reasons that can be proven medically. In that case, the person's inheritance status is by the sex after the repair operation. This inheritance status also impacts the portion of inheritance obtained by transgender or mukhannath. For the portion of khuntha inheritance, in the opinion of some madhhab scholars, it has a different portion from people who do not have abnormalities in their sex