The Legal Construction of Daughter as Ashabah in Aceh from An Islamic Law Perspective

Abstrak

Regarding the issue of inheritance rights for daughters only receiving certain shares or portions, this has been described and explained in the Qur’an. This study aims to identify and clearly explain the legal construction of the position of daughters as ashabah in the Islamic inheritance law system. This study uses an empirical legal method with a statutory and Islamic legal approach. Data relies on in-depth interviews and document studies. The study concludes that the opinions of Islamic scholars regarding the decision of the Supreme Court of the Republic of Indonesia which determined daughters as ashabah and understands the legal impact arising from the results of the Supreme Court's decision on the inheritance of daughters who wear the hijab of their siblings and uncles and receive the entire inheritance. Meanwhile, contemporary Islamic jurisprudence scholars are of the view that when it comes to the law of dhanni dilalah, judges may conduct ijtihad or make legal discoveries to fulfill a sense of justice for the parties. However, classical Islamic jurisprudence scholars are of the view that judges should still refer to the majority of scholars, especially since the majority view is the majority used by society, this is to avoid causing friction within society. The legal impact of the Supreme Court's ruling, which granted inheritance rights to a daughter as a relative's veil wearer and simultaneously disposed of all remaining inheritance assets, represents a new legal breakthrough for Islamic inheritance law in Indonesia. This ruling will serve as a reference for subsequent judges in similar cases (jurisprudence), although there is no obligation for judges to follow it. Furthermore, the impact of these two rulings is that the public generally does not approve of them because they are considered to deviate from the provisions of Islamic jurisprudence, which they consider to be stronger than the rulings of judges.