Gender Equality In Islamic Inheritance Law: Between Qaṭ‘Ī Principles And Ẓannī Interpretations

Abstract

Current gender studies in Islamic inheritance law revolve around how to balance the provisions of Islamic inheritance law with the principles of gender justice to accommodate social and economic changes for women in modern society. This research aimed to reexamine the concept of gender equality and explore its construction within the framework of Islamic inheritance law. Employing a normative legal research approach combined with a descriptive analysis method, the study focused on analyzing the norms, concepts, and doctrines that have developed in Islamic inheritance law over time. The research identified two key aspects within the law: qaṭ’ī (static and unchanging) principles, which are rooted in divine revelation and remain immutable, and ẓannī (interpretable) aspects, which allow for ijtihad (independent reasoning) and adaptability. This distinction highlights the dual nature of Islamic inheritance law, balancing divine directives with the flexibility to address evolving societal needs. The study concluded that the gender construction in Islamic inheritance law emphasized a balance between rights and obligations, particularly in relation to property ownership and familial responsibilities. While qaṭ’ī aspects preserve the core principles of justice and equity, the dynamic nature of ẓannī aspects provided field for reinterpretation and reform. These adaptive elements allow Islamic inheritance law to address contemporary challenges, ensuring its relevance and alignment with the evolving understanding of gender equality while maintaining fidelity to its foundational principles. This research can enriched studies on gender equality and its contruction. Gender equality not only given the meaning same, but also the meaning of balance between rights and obligations. Future research can explore the implementation of gender-equitable Islamic inheritance law in various Muslim countries, analyzing the role of legal policies, fatwas, and social practices in balancing the principles of qaṭ’ī and ẓannī to respond the social and economic dynamics of modern women.