Aziz, A. Fauzi (2025) Sistem pembagian waris pada komunitas pesantren dengan pendekatan hukum waris Islam berbasis keadilan gender (studi di pondok pesantren Tambakberas dan Denanyar Jombang). Doctoral (S3) thesis, IAIN Kediri.
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Abstract
Keywords: Pesantren’s inheritance, gender justice, Tambakberas and Denanyar. In the reality, Pesantren’s leaders who understand Islam law, practice Islamic inheritance law in many variations that are more flexible and adaptive. The author has observed in depth how the principles of inheritance law are applied in life in Pesantren Tambakberas and Denanyar Jombang. This is where the author intends to bring the application of normative inheritance law closer to its application in the field in pesantren communities. This research uses a qualitative approach with data collection techniques through interviews and documentation. The data obtained was then analysed descriptively and interpretively. The author uses an Islamic inheritance law approach based on gender justice in his analysing. The research results concluded: First, there are 3 models of implementing inheritance between Pesantren Tambakberas and Denanyar Jombang; First, adhere to the principles of inheritance in accordance with the Islam law. Second, parents have gifted most of their property to their offspring. It hopes of minimizing the possibility of dissatisfaction between heirs. Third, dividing the inheritance according to the rules of Islamic jurisprudence in the first stage, then in its application, dividing according to the results of the family consensus of the heirs. Second, from the perspective of Islamic law in the inheritance distribution system implemented in the Pesantren Tambakberas and Denanyar, it can be concluded that the application of inheritance is different from the rules of inheritance law, this does not violate the rules contained in Islamic law. The argument is through sulḥ / tasāluḥ (peace) according to the Syafii madhab or takhāruj by following the Hanafi madhab method. Third, the principles of gender justice can be concluded into 2 types; 1. The implementation of the 2:1 portion of inheritance between men and women is based on gender justice because it looks at the historical and social conditions of society as well as social functions and responsibilities at the time these provisions were established. 2. The family-based inheritance system is in line with the principles of gender justice in Islam by viewing men and women as having equal positions as servants of Allah. Both are required to worship and are judged based on their deeds.
| Item Type: | Thesis (Skripsi, Tesis, Disertasi) (Doctoral (S3)) |
|---|---|
| Subjects: | 18 LAW AND LEGAL STUDIES (Ilmu Hukum) > 1801 Law and Islamic Law > 180113 Family Law (incl. Islamic Family Law, Munakahat) 18 LAW AND LEGAL STUDIES (Ilmu Hukum) > 1801 Law and Islamic Law > 180128 Islamic Family Law > 18012812 Mawaris (Inheritance) |
| Divisions: | Program Pascasarjana > Program Studi Doktor Studi Islam |
| Depositing User: | A FAUZI AZIZ |
| Date Deposited: | 23 Apr 2025 06:17 |
| Last Modified: | 23 Apr 2025 06:17 |
| URI: | https://etheses.iainkediri.ac.id:80/id/eprint/17013 |
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