p–ISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 4 April 2024 http://jist.publikasiindonesia.id/
Indonesian Journal of Social Technology, Vol. 5, No. 4, April, 2024 1296
Distribution of Inheritance According To Gender Equality
Approach (Comparative Study of Tafsir Quraish Shihab and
Aminah Wadud)
Siti Safhira Faradilla
Universitas Islam Negeri Mataram
Email: [email protected]
*Correspondence
ABSTRACT
Keywords:
Amina Wadud; Equality;
Inheritance; Qurais
Shihab; Tafsir Al-Misbah.
The division of inheritance 2 1 is the final division in the
Qur'an. The author compares contemporary Muslim feminist
and contemporary interpretations of thought, namely the
modern interpretation of Al-Misbah by Quraish Shihab and
Amina Wadud's method of thought. Both are well-known
figures in their circles. The research method used is library
research (library research), with data processing techniques
used comparative methods. This article compares the
thoughts of Qurais Shihab and Amina Wadud. In the
interpretation of Al-Misbah, the division of inheritance 2:1
cannot be changed; this is a final decision already made with
provisions in the Qur'an. However, another work of Quraish
Shihab allows a 1:1 division, but with the condition that the
heirs (such) agree. Meanwhile, according to Amina Wadud,
the distribution of inheritance 2 1 is not a final division, but
this is one of the various ways of dividing inheritance.
Amina Wadud saw the size of the benefits of the heirs. The
heirs will get 1:1 if each is equally useful and fair for both
heirs. From the division of inheritance according to the two
figures, it turns out that gender equality has been fulfilled.
These two figures provide access, participation, and benefits
to the heirs getting their respective shares.
Introduction
Inheritance is a provision discussed in the Qur'an. Waris is a sharia from Allah SWT
for Muslims. In the Qur'an, the distribution of inheritance to heirs has been explained in
such a way (Hasibuan, 2018). These are provisions that are already divided among heirs.
It is evident in Surah an-Nisa verse 11 that the male and female parts are very different
(Surasman, 2019).
The division of boys and girls is often disputed among contemporary commentators
in the modern world of Quraysh Shihab and Muslim feminists such as Aminah Wadud
(Himmah, 2018). If you look at the Qur'anic verse surah an-Nisa verse 11, it is briefly
explained that 2:1 is for boys and girls (Hasan & Jamaludin, 2023). The Qur'an quite
clearly explains its division (Surasman, 2019). However, the thoughts of the two
Distribution of Inheritance According To Gender Equality Approach (Comparative Study of
Tafsir Quraish Shihab and Aminah Wadud)
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characters in their respective books turned out to be different from the current conditions
(Permana & Martapura, 2018).
In tafsir, al-Misbah Quraysh Shihab (exegete) graduated from al-Azhar Egypt,
famous for the center of Islamic studies, which is very dominant with textual
(understanding verses textually). He decreed that the division of inheritance of sons and
daughters had already become a final decree in the Qur'an Kajian Tokoh Pemikiran Tafsir
Di Indonesia (Telaah Metodologi, Kontekstualisasi Terhadap Penafsiran) (Dozan, 2020).
Briefly, there are two reasons Quraish Shihab in the book about the provisions of this
verse: First, the man is obliged to give dowry and provide to his wife and family. Second,
men have a unique advantage in emotional control compared to women. This suggests
that the control of property based on reason's considerations should take precedence over
the basis of emotions (Faizah & Hasyim, 2021).
According to the second figure, Muslim feminist Amina Wadud is known as a
person with a romantic and visionary view, namely Islam without patriarchy. Aminah
Wadud tried to elaborate on her method in detail. In fact, according to him, each verse
must be analyzed, not just interpreted, by adhering to five aspects—first, the context of
the verse. Second, look for similar topics (Auliyak & Azizah, 2021). Third, the security
of the language and syntactic structure used in other verses in the Qur'an should be
examined. Fourth, try to go beyond the principles of the Qur'an. And fifth, analyze the
verse in the context of the Qur'anic Weltanschauung or worldview. From here, Aminah
Wadud has a unique view regarding fear, which should be fair to women (Ikhwanudin,
2023)v.
The Quraish Shibah thought that allowing the distribution of inheritance to sons and
daughters was fair, which means 1:1 if the heirs agreed on such a division. At the same
time, Amina Wadud considered the size of the benefits of both male and female heirs to
his family. If the son is felt to have more benefit for his family than the daughter, then a
2:1 inheritance ratio between a man and a woman can be applied. However, suppose a
daughter is perceived to have more benefit for her family than her son. In that case, the
division of inheritance with a ratio of 1:2 between men and women becomes applicable
(SHIHAB, 2023). If sons and daughters have equal benefits for their families, then the
distribution of inheritance becomes balanced by comparison. Because the interpretation
is contextual, not fixed with the sound of the verse but with a socio-historical approach,
the verse is derived from the current situation, which is far different from the situation
and conditions when the inheritance verse was handed down.
However, in reviewing the position of women in the distribution of inheritance, this
article uses gender analysis. This departs from the view that the basic principle of Islam
is the religion of justice. Based on this assumption, to see the forms of injustice in
relations between men and women in Islam, gender analysis, which also departs from the
gender justice approach, is constructive. The results of this research are expected to be
used as a development of science in Islamic inheritance law, especially in the division of
inheritance using gender justice theory, and provide ideas or opportunities related to
discussions for future research, especially on the division of inheritance.
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Therefore, with the difference in thoughts between the two figures, this study is
interesting to study the division of inheritance according to the two figures, which can be
a consideration for heirs in the distribution of inheritance.
Research Methods
The approach used in this article is qualitative, using library research methods.
Qualitative research is one procedure that produces descriptive data in the form of speech
or writing and behavior viewed from a complete point of view. Qualitative research has
a wide range and flexibility in various scientific disciplines. At the same time, Library
Research examines problems in books, journals, articles, and other literature. The primary
sources for this research are Quraish Shihab's Tafsir Al-Misbah and Amina Wadud's
Method of thought. Secondary sources complement these primary sources. Secondly,
supplementary materials such as scientific and popular literature on the subject. This data
is collected through literature research because the research subject is written material,
especially books on the topic. They collect all the verses and analyze them through
sciences relevant to the theme.
Data processing techniques used comparative or comparative methods. The
comparative research researchers want to take in this article is comparing classical and
contemporary interpretations. The author seeks to examine the classical period tafsir
Tafsir Al-Misbah, written by Quraish Shihab, while the modern tafsir is Tafsir Amina
Wadud.
Literature Review
The author uses the theory of gender justice analysis because gender justice is a
process and fair treatment of women and men. Gender justice means no role-freezing,
double burden, subordination, marginalization, or violence against women and men. The
realization of justice and gender equality is characterized by the absence of discrimination
between women and men; thus, they can participate and reasonably obtain benefits. So
far, there have been many studies on the thoughts of Quraish Shihab and Amina Wadud.
The article related to the equality of inheritance distribution according to Quraish
Shihab was once written by Afida Wahyu Nabila; this paper only explains Quraish
Shihab's opinion regarding the division of inheritance in two ways, not comparing the
two figures as the author's current research. The research by Azriel Muhammad on Amina
Wadud's Hermeneutic Concept of Gender Equality in this paper explains the method
Amina Wadud uses to interpret a text. Amina Wadud gave three categories of Qur'anic
interpretation methods: traditional Tafisr, reactive Tafsir, and holistic Tafisr. Still, she did
not explain the differences between the two gender equality ideas.
They were following research written by Ayu Faizah and Ahmad Faqih Hasyim
with the title Gender Justice in the Division of Inheritance: A Comparative Study of M.
Quraish Shihab's Thought in Tafsir al-Misbah and Munawir Sjadzali. This study was
conducted with two opinions that contradict each other, namely the interpretation of M.
Quraish Shihab in Tafsir al-Misbah and Munawir Sjadzali in the Reactualization of
Islamic Teachings. Quraish explains in Tafsir al-Misbah that the division of inheritance
Distribution of Inheritance According To Gender Equality Approach (Comparative Study of
Tafsir Quraish Shihab and Aminah Wadud)
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between men and women (2:1) is unchangeable. However, in another work, the Quraish
allowed equal distribution of inheritance (1:1) according to the agreement of all heirs.
Meanwhile, Munawir Sjadzali openly wanted equal distribution of inheritance (1:1) on
the condition that women had a role.
The latest research ever written by Rini was titled Contextualization of Amina
Wadud's Feminist Interpretation on Islamic Society in Indonesia. This study discusses an
analytical survey of the contextualization of feminist interpretation carried out by Amina
Wadud, including the methodology of interpretation and some examples of the results of
Amina Wadud's interpretation. Amina Wadud uses a model of interpretation called
hermeneutics. The method of interpretation of hermeneutics is intended to derive a
conclusion about the meaning of a text or verse. The contextualization of Amina Wadud's
feminist interpretation of Islamic society in Indonesia, especially feminist activists,
includes equal rights and obligations between husband and wife in family life.
From some of the previous studies above and in other literature, the author has not
found a comparison of the thoughts of Quraish Shihab and Amina Wadud, if there is no
comparison, but a separate explanation as described by the author above. At the same
time, the author's current research discusses the thoughts of the two figures who have
achieved equality in the distribution of inheritance using the theory of Mansour Fakih.
This theory wants to provide the results of the thoughts of both statistics, namely access,
opportunity to participate, and benefits relative to heirs.
The author sees previous research with research written today by the author has
never been studied before. Today, there have been many thoughts of classical scholar
Quris Shihab and Muslim feminist Amina Wadud about inheritance, but there has been
no comparison of thoughts between the two figures. This author's writing makes an
essential contribution by exporting two characters' thoughts regarding the division of
male and female inheritance. This means that this writing does not repeat what was
researched by previous researchers.
Results and Discussion
Biography of Quraish Shihab
Muhammad Quraish Shihab was born in Rappang, Sidrap Regency (Sidenreng,
Rappang), South Sulawesi, on February 16, 1944, the 4th of eight children and Prof. KH.
Abdurrahman Sihab and Asma Aburisyi. His education started in elementary school in
Ujung Pandang and continued into grade 2 of junior high school. Then, in 1956, he
continued his studies while becoming a student at the Darul Hadith al-Faqihiyah Islamic
Boarding School in Malang under the care of Habib Abdul Qadir bin Ahmad Bilfaqih al-
Alwi and his son, Prof. DR. Habib Abdullah bin Abdul Qadir Bilfaqih who was famous
as a hadith scholar. In 1959, M. Quraish Shihab continued his studies in Cairo, Egypt.
Then, Quraish Shihab continued his studies at al-Azhar University by taking the
Ushuluddin Faculty, majoring in Tafsir Hadith. In 1967, he earned a bachelor's degree in
SI by obtaining an LC degree, and two years later, he earned a bachelor's degree in S2 by
receiving an MA degree in the same department with the title of his thesis, Al-I'jaz at-
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Tasyri' li al-Qur'an al-Karim (The Miracles of the Qur'an al-Karim in terms of Law). Upon
his return to Indonesia, Quraish Shihab was asked by his father to help manage education
at Alauddin University Makassar to become a lecturer while accompanying his father as
vice-rector for academic and student affairs from 1972 to 1980.
Muhammad Quraish Shihab is a scholar and a contemporary exegete in modern
times. In addition, he is also active in writing and lecturing in electronic media, such as
television. He emphasized his interpretation of the maudhu'i method or methods that tend
to raise the themes contained in the Qur'an. He said that interpreting the Qur'an should
not be fixated on the existing text. However, it is better to look contextually by exploring
the background of the existence of a verse because if viewed textually, the verse will tend
to be monotonous, and the meaning hidden in it is not conveyed.
Tafsir Al-Misbah
Tafsir al-Misbah is one of the writings of M. Quraish Shihab in the field of tafsir,
which is included in contemporary tafsir. Tafsir al-Misbah began to be written on Friday,
14 Rabi'ul Awwal 1420 H / June 18, 1999 AD, when he served as Indonesian Ambassador
in Cairo, and was completed on Friday, 8 Rajab 1423 H / September 5, 2003. The
background of writing Tafsir al-Misbah is due to people's enthusiasm for the Qur'an in
terms of reading and understanding the content of the Qur'anic verses. His work
previously preceded the writing of Tafsir al-Misbah and Tafsir al-Qur'an al-Karim
(Pustaka Hidayah, 1997), which was not in demand by the public because it was
considered too long in describing the meaning of vocabulary.
The writing of tafsir carried out by Quraish Shihab was not based on his wishes, but
it was based on the needs of the community. Tafsir al-Misbah, in the context of
introducing verses of the Qur'an, seeks to present a discussion of each surah with the
purpose of the surah or the central theme of the surah. The method of interpretation used
in Tafsir alMisbah is the tahlili (analytical) method, which describes or details the
meaning of verses from various angles. Tafsir al-Misbah is arranged according to the
order in the Mushaf of the Qur'an called tartib mushafi. Tafsir al-Misbah consists of 15
volumes or volumes and was first published by Lentera Hati Publisher, Jakarta, in 2000.
Biography of Amina Wadud
Amina Wadud was born on September 25, 1952, as Maria Teasley in Bethesda,
Maryland, United States, in the northwestern part of Washington, DC. His father was a
Methodist minister, and his mother was descended from Arab, Berber, and enslaved
African Muslims. In 1972, she recited the shahada and accepted Islam, and in 1974, her
name was officially changed to Amina Wadud, chosen to reflect her religious affiliation.
He received his BS from The University of Pennsylvania between 1970 and 1975. In her
academic career, Amina Wadud has been a Professor of Religion and Philosophy
(Professor of Religion and Philosophy at Virginia Commonwealth University).
Wadud earned a Doctor of Philosophy from the University of Michigan and studied
Arabic at American and Al-Azhar University in Cairo, Egypt. His intellectual
explorations continued until Wadud was led to study Quranic exegesis at Cairo University
and philosophy at Al-Azhar University. Wadud worked as an assistant professor at the
Distribution of Inheritance According To Gender Equality Approach (Comparative Study of
Tafsir Quraish Shihab and Aminah Wadud)
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International Islamic University of Malaysia from 1989 to 1992. She published her
dissertation entitled Quran and Women: Rereading the Holy Scriptures from a Women's
View. The book's publication was funded by the non-profit Sisters in Islam and served as
a guide for several women's rights activists and academics. The book was banned in the
United Arab Emirates because its provocative content aroused religious sentiments.
After obtaining his PhD, he joined the Department of Islamic Revealed Knowledge
and Heritage at the International Islamic University in Malaysia. And it was at this college
that she published her phenomenal first work, Qur'an and Woman. And then the second
edition of Qur'an and Woman: Re-Reading the Sacred Text from Woman's Perspective in
1999. After that, in 2006, she published her book Inside the Gender Jihad. The most
important thing about this book is the explanation of hermeneutic formulations. He
explained that the Qur'an's foundation is tawhid (God's oneness) and the principle of
cosmic balance and harmony. In addition, this book reflects that Wadud has a romantic
and visionary view, namely Islam without patriarchy. But this invites conflict with
colleagues, both academics and Muslims in general.
After completing his studies in English at Penn in 1976–1977, Wadud was hired to teach
at the College of Education at Qar Yunis University in Libya. Wadud taught at the Islamic
Community Center School in Philadelphia, United States, after returning from Libya in
1979–1980.
Despite my feminist activities, Wadud is an educator at Virginia Commonwealth
University in Richmond. He studied Arabic at American and Michigan University,
earning a Ph.D. in Arabic and Islamic studies in 1988. In addition to his theological
education at Cairo University, he attended al-Azhar University in Cairo, Egypt, to study
Islamic philosophy.
Wadud is fluent in several languages, including English, Arabic, Turkish, Spanish,
French, and German. Wadud's fluency in several languages led him to lecture at
institutions such as Harvard Divinity School (1997–1998), International Islamic Malaysia
(1990–1991), University of Michigan, American University in Cairo (1981–1982), and
University of Pennsylvania (1970–1975). In 1999, the Ministry of Women of the
Maldives (MWM) and the United Nations (UN) hired her as a consultant for workshops
on Islamic studies and gender.
Ami Wadud Interpretation Method
According to Wadud, to produce gender-equitable interpretation products, it is
necessary to interpret the Qur'an according to women's experience without the stereotype
that has become the framework of male interpretation. The atomistic classical
interpretation produces a narrow and limited interpretation. According to Wadud, the
content of classical exegesis is subjective because there is no genuinely objective Qur'anic
exegesis. Each muffler makes some subjective choices. Qur'anic verses and tafsirs are
often not distinguished, so there is an assumption that Qur'anic exegesis is sacred and new
thoughts should not enter. Classical interpretation descriptions are often gender-biased
and irrelevant to the condition of women today who have complex problems and are
different from women in the past.
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Amina Wadud offered her methodology for reading the Qur'an using hermeneutic
methods. According to Amina Wadud, Hermeneutics is one method of interpretation of
scripture to derive conclusions about the meaning of a text (verse). Always relate to three
aspects of the text, namely:
1. In what context is a text written if it is related to the Qur'an, in what context the verse
is revealed,
2. What is the grammatical composition of the text (verse) (how it is expressed, what it
says,
3. How the whole text (verse), its Weltanschauung, or worldview, often differ in opinion
can be traced to variations in the emphasis of these three aspects
4. Amina Wadud sees that most methods of interpretation, both past and present, do not
include women and their experiences. Therefore, understanding the Quran and Sunnah
and their application in shaping Islamic law, government, and public policy is based
on the privilege of interpretation of music (men).
5. Amina Wadud tried to use the method of interpretation of the Qur'an proposed by
Fazlur Rahman, holding the view that the Qur'an appears in the light of history and
dealing with sociohistorical backgrounds. The purpose of a hermeneutic model, a type
of interpretation method, is to extract meaning from a text or verse. Wadud offers his
critical hermeneutics here, which is quite different from the others. However, although
Wadud claims that his hermeneutics is original, he openly admits that Fazlur Rahman's
earlier methods inspired him and even deliberately used them.
The Qur'an is a response to a situation that is essentially a moral, religious, and
social statement dealing with specific issues in a concrete situation, which holds that all
the verses of the Qur'an, as they were revealed at a particular time in history, along with
the general and specific circumstances that accompany them use relative expressions of
those circumstances. But the message of the Qur'an is by no means limited by time or
historical circumstances. The reader or interpreter must understand the implications
(implied) of the revelation of the Qur'an as it is revealed to determine its primary meaning.
This meaning conveys the meaning of the rules or principles in these verses.
According to Rahman, what is important is how to understand the Qur'an with the
proper method to reveal its content because, in reality, it is like the tip of a floating
iceberg, with nine-tenths of it under the sea of history and only one-tenth of it is visible
on the surface. Therefore, to understand the Qur'an, one must know the history of the
Prophet and his struggles for less than twenty-three years. During that time, it was also
necessary to understand the situation and condition of the Arabs at the beginning of Islam
as well as the customs, institutions, and outlook of life of the Arabs.
Rahman developed a method or theory of interpretation of socio-historical Qur'anic
texts known as the theory of double movement, which explains two concepts, "historicity
and moral value." Double movement theory explains a two-way interpretation, namely
making a pilgrimage to understand the birth of texts in the past by understanding current
conditions by formulating a complete vision of the Qur'an and bringing it back to the
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present situation. Double Movement is to see the conditions and situations of the verse
revealed to get the value or moral message contained in these verses.
Understanding Islamic Heritage Law
The law of inheritance, in general, is a law that regulates the process of transferring
ownership of inheritance (tirkah) left by someone who dies, in this case, the heir to his
heirs, the determination of who is entitled to be the heir, and the determination of how
much share each heir gets. Only rights and obligations concerning property can be
inherited. Meanwhile, in the Islamic Law Competition (KHI), in article 171 letter a, it is
explained that inheritance law is a law that regulates the transfer of ownership rights of
heirs (Tirzah), determining who is entitled to become heirs and how much each share is.
The science of farāiḍ has many privileges. Among them is the command of the Holy
Prophetsa to his companions to learn and teach it to Muslims, the Holy Prophetsa.
Reminded also that the science of farāiḍ is considered to be ignored and forgotten; at the
same time, the science of farāiḍ is dubbed as 1/3, and some even consider 1/2 of science.
Scholars also agree that studying the science of farāiḍ is compulsory collectively (farḍu
kifāyah) and, for specific experts, classifies as farḍu'aīn.
Referring to the above understanding, it can be concluded that Islamic inheritance
law is a law arising from the death of a person that regulates the process of transferring
heirs' assets to heirs, which includes determining the heirs who are entitled to inherit, the
portion entitled to be obtained and the procedures for obtaining it through harmony, terms,
and principles of division of inheritance. Furthermore, inheritance law is one part of
family law in particular and civil law in general. This is because the law of inheritance is
closely related to human life, and every human must experience a legal event, such as
death. That is, the process of transferring ownership of rights is only carried out if one of
the relatives dies and the property is distributed to heirs who are entitled to it.
Quraish Shihab's View on the Division of Inheritance
In Tafsir al-Mishbah, such a division of inheritance in this work of tafsir is put in
the context of necessity. This consideration of needs makes the female part half more
minor than the male part. Men's need for property is greater than the demand to provide
for children and wives.
In another book, Quraish Shihab begins this discussion by affirming that QS. Al-
Nisa verse 11 speaks of the rights of daughters and sons in matters of inheritance, not the
rights of all women or all men, and not in all matters. According to him, this sentence is
important to underline because not all religious provisions in the field of inheritance
distinguish between women and men. Quraish Shihab gives an example: Mother and
father when left dead by their child, and leave a son or son and daughter, the father and
mother get the same share each, which is one-sixth.
The two reasons Quraish Shihab gives in the book about the provisions of this verse
are: First, the man is obliged to give dowry and provide to his wife and family. Second,
men have a unique advantage in emotional control compared to women. This suggests
that the control of property based on reason's considerations should take precedence over
based on emotions. Quraish Shihab rejects the notion that the provisions of the verse are
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not final. According to him, such an assumption is based on the belief that the provision
for the size of the Prophet's time fifteen centuries ago was very advanced if, at that time,
women did not have the slightest right of inheritance. Therefore, the provision should be
revisited, adhering to the Qur'anic basic principle of justice and equality, which states that
inheritance between boys and girls should be equal.
Quraish Shihab states that it is tough to assert that women are equal to men, both in
the name of science and religion. The differences between the two types of humans must
be admitted, like it or not. Equalizing them will only create a new kind of human being,
not male or female. Men are charged by religion with paying dowries and spending on
wives and children, while women are not. So how can the Qur'an and Sunnah equate their
parts? Even mathematically, the Qur'an favors women over men. A man needs a wife, but
he has to spend it. Women also need a husband, but she is not obliged to pay for it, even
if she must be provided for. If we say that a man should spend on a woman, then his share
is twice as much as God ordains a woman for him and his wife.
If he is not obliged to spend it, half of what he should receive can be sufficient. On
the other hand, that one female part was enough for her had she not been married. But if
she marries, then the necessities of life are borne by her husband, while the other part of
it she can save without spending. Now, who runs out, and who is the whole share if he
marries? The man, because the two parts he has must be divided in half, while what the
woman has is not used. If so, God's partiality toward women weighs more than His
partiality toward men in this matter of inheritance.
Quraish Shihab cannot accept the provisional opinion of contemporary thinkers who
suppose that the decree of inheritance described in the Qur'an is not final. However, they
admit that it is for the measure of the time of the Prophet Muhammad (peace be upon
him) fifteen centuries ago; it is very advanced to realize that women did not have the
slightest inheritance then. However, it is still a temporary word that needs to be reviewed
for the present time because, in essence, the Qur'an wants justice. Times have now
changed, and since the decree is not final, it may be revised and expanded by establishing
equal shares of daughters and sons in the acquisition of inheritance rights. Quraish Shihab
still believes this decree of inheritance is the final decree because Allah has not
established the perfection of religion.
The reason for Quraish Shihab's refusal is apparent: the provision has been finalized
based on the details of each heir's acquisition, as Allah affirmed in QS. Al-Nisa [4] verses
13-14, which reads:
1. "They are provisions of God. Whoever obeys Allah and His Messenger, Allah will put
him in heaven that flows in the river while they remain in it, and That's a big win. And
whoever disobeys Allah and His Messenger and breaks His provisions, Allah will put
him into the fire of hell while he remains in it; and unto him humiliating torments."
2. The following reason Quraish Shihab points out is that the inheritance provision does
not include the issue of ijtihad as understood from QS.al-Nisa [4] verse 11, which
reads:
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"Allah decreed for you (the distribution of inheritance to) your children. That is, the
share of a son is equal to that of two daughters, and if the children are all girls, more than
two, then for them, two-thirds of the property is left behind; if the daughter is alone, then
she gets half the property. And for two parents, to each one-sixth of the property left
behind, if the deceased had children; if the deceased has no children and he is inherited
by his parents (only), Then his mother gets one-third; if the deceased had several relatives,
then his mother got one-sixth. (The division of the division above) after fulfilling the, will
he make or (and) after paying his debt? (About) your parents and children don't know
which of them is closer (many) benefits to you. This is a decree from God. Verily, Allah
is All-Knowing, All-Wise."
The following verses are 13 and 14, which give encouragement, warning, promises,
and threats regarding the terms of establishing a share in the inheritance. For this reason,
the Quraish Shihab, the division of inheritance between men and women, is a decree from
Allah that no one can change and is not opposed.
Amina Wagged's View on Inheritance Distribution
The social condition of society today is much different from the past. Women stay
at home a lot and rarely interact socially. Women's preoccupations in the past were more
dominant in domestic matters and gender-related rules that did not favor them. Although
many of these traditions exist today, there has been a cultural shift. Communication
barriers between men and women have been wide open and accessible. This can be noted
as a form of new culture that needs to be considered in this context.
Amina Wadud felt the need for a reconstruction of this phenomenon. Islam should
be able to legalize the rights and roles of women in their roles in society to be equal and
not only dominated by men. The confinement that has occurred for centuries against
women is expected to be unraveled by this legality. It may be that, in the end, women can
dominate the public space, considering the volume of women is more than men. Women
are taking over roles that men previously dominated (Sarkowi & Qosyim, 2023).
Amina Wadud offers the hermeneutic method of the Qur'an through the
abovementioned approach. The hermeneutic model referred to by Amina Wadud is a
method of interpretation that, in its operations, aims to determine the substance of the
verse. To achieve this substance, a mofussil always correlates three perspectives: 1). The
text is written in what context. 2). How is the grammatical construction, what is the style
of expression, and what does it say? 3). How the whole text is, its
Weltanschauung/worldview. With these three aspects, Amina Wadud believes that
differences in interpretation can be explored by modifying the three variations.
Regarding inheritance or material excess, there is only one verse of the Qur'an that
mentions that Allah Subhanahu Wata'ala has ordained for men a more significant share
than for women (QS. alNisa':7). However, Amina refers to sura al-Nisa' verse 34
regarding excess in inheritance, so such materialistic excesses are also not absolute.
According to Amina, many men interpret the excess inheritance because they spend their
property or support women so that there is a reciprocal relationship as an unconditional
indication of the excess of men over women. This interpretation of men being superior to
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women is unfounded and not by the teachings of Islam. This is baseless because there is
no information in the verse that states men's physical or intellectual superiority.
Inheritance, expressed in the classical interpretation that the division of inheritance
between men and women is different, namely 2:1. There are several reasons expressed by
Fakhruddin ar-Razi in his tafsir, that first, men are more important than women. This is
reflected in the era of jahiliyyah; women did not advance on the battlefield because
women were considered weak. Second, morally, intellectually, and religiously, men are
considered more perfect. Third, with the perfection possessed by men, it is considered
capable of running the wheels of the economy by managing these treasures.
Amina Wadud criticized this formulation of inheritance division. According to him,
the ratio of 2 1 is a mathematical formulation whose truth is not absolute because it is
only a division model. This means it can allow other models to be used in the division of
inheritance. The distribution of inheritance must be fair about the benefits of the estate
for the heirs. The parameter is expediency (naf'a).
The contribution of Amina Wadud's thoughts in terms of inheritance distribution is
as follows: 1) The distribution of inheritance is intended for living families, both male
and female; 2) The entire property can be bequeathed to heirs; 3) but still takes into
account the condition of the heirs and the benefits of the inherited property.
What is clear to Wadud is that the fundamental principle in the distribution of inheritance
is to benefit and provide justice for those left behind. Therefore, the verses on the
technical division of inheritance are more sociological and are only one alternation, not a
necessity to follow. Consequently, these verses should be understood as the spirit (spirit)
or moral ideal, the spirit of justice behind the formal legal text. The spirit of justice is
what muhkamat or qathi' is, while the technical operations can be seen as Mashi zanni,
along with acculturation and the needs of the times.
Amina Wadud considered the size of the benefits of male and female heirs to his
family. A 2:1 inheritance ratio between the male and the female can be applied if the son
is more needy or valuable than the daughter. However, a 1:2 ratio of inheritance division
between a man and a woman applies when a daughter is in need or more valuable than
her son. If sons and daughters have equal benefits for their families, then the distribution
of inheritance becomes balanced by comparison.
Gender Justice Analysis
Gender justice is a process of fair treatment of women and men. Gender justice
means no role-freezing, double burden, subordination, marginalization, or violence
against women and men. The realization of justice and gender equality is characterized
by the absence of discrimination between women and men; thus, they can participate and
reasonably obtain benefits.
Islam was born with a conception of human relations based on the justice of the
position of men and women. In addition to decision-making, women in Islam also have
economic rights, namely, to own wealth, and neither their husbands nor fathers can
interfere with their property. This wealth includes those obtained through inheritance or
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cultivated by himself. Islam thus overthrew a social system that was unfair to women and
replaced it with a just system.
This interest arises to raise social injustice issues, especially those afflicting women.
This is because there is a close relationship between gender differences and gender
inequalities with the unjust structure of society more broadly. A clear understanding and
distinction between the concepts of sex and gender is indispensable in discussing social
injustice.
Analysis of gender injustice can be seen from the interpretation of men who
consider that human women are weak and even low. This subordination of Muslims is
one of the injustices to women. Sura an-Nisa places men above women. The question is
why the Qur'an puts such a position. The Engineer proposes that in understanding the
verse, the man is the manager over the woman (Qaw Yamuna 'ala an-nisa') should be
understood as a description of the state of the structure and social norms of society at that
time and not a doctrinal norm that should be practiced.
This verse makes it clear that men were the household managers at that time, not
the assertion that men should rule or lead. In Islamic history, women's civilization
changed because of the increasing awareness of women's rights, and the concept of rights
also developed. When the verse was revealed, there was no awareness of it. The word
qawwam, from time to time, is understood differently. In the past, based on that verse,
women were considered inferior to men and served their men as part of their duties.
Seeing conditions like this, from studies conducted using gender analysis, it turns out that
various manifestations of injustice were found as follows:
Marginalization (economic impoverishment) of women. Although not every
marginalization of women is caused by gender injustice, what is at issue in gender
analysis is marginalization caused by gender differences. For example, many rural
women are marginalized and impoverished by male-focused agricultural programs. This
is because of his assumption that the farmer is identical to the male farmer. So, women
feel there is no place for them to work.
Subordination to either sex, generally to women. In the household and society, many
policies are made without giving importance to women. For example, women are only
appropriate in the kitchen or only limited to winking konzo. So this understanding makes
society, until now, consider women weak and can do nothing but in the kitchen, on a
mattress, and well.
One of these types of injustice reduces the income rights of women, in this case,
inheritance, according to the thoughts of interpreters of their time. Men are considered
vital and superior to women. So, men's income is more significant than women's. This
income, according to the majority of scholars, also provides for his wife and children, so
naturally, men get two, and women get one.
It can be seen that Quraish Shihab's thought above emphasizes his interpretation of
men because he considers one woman's share to be sufficient for her share. The two parts
of the man fulfill his responsibility as a husband to his wife and children because the
wealth obtained by men will decrease while women will not.
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Stereotyping (negative labeling) of certain genders and the consequences of these
stereotypes include discrimination and various other injustices. In society, there are many
negative labels placed on women, which result in limiting, complicating, impoverishing,
and harming women because of society's belief that men are the primary breadwinners.
However, if women work, it is assessed as an extra expense, and they are paid less.
The kind of injustice when society argues from time to time it is men who are
obliged to provide for their children and wives, so that they consider women who work
at home as not suitable and only as an addition whose pay is also low. With such
assumptions, it will be difficult for women. According to Amina, many men interpret the
excess inheritance because they spend their property or support women so that there is a
reciprocal relationship as an unconditional indication of the excess of men over women.
This interpretation of men being superior to women is unfounded and not by the teachings
of Islam. This is baseless because there is no information in the verse that states men's
physical or intellectual superiority. Due to the realities of today's society, we cannot
guarantee that work outside the home or inside the house is the hardest.
Violence against certain genders, generally women, due to gender differences. This
violence ranges from physical violence, such as rape and beatings, to subtle violence,
such as harassment. A lot of violence committed against women is caused by gender
stereotypes.
When women's social awareness has grown that women's domestic roles should be
judged and incarcerated according to what the Qur'an teaches (see QS.al-Baqarah:21), not
merely an obligation, the protection and livelihood that men give to women is no longer
considered a male advantage. Therefore, the domestic role women perform must be
balanced by men in providing livelihood and protection to their wives.
With such a line of thinking, the Engineer said that the ar-real qawwamuna 'ala an-
nisa' statement is not normative but contextual. The facts on the ground show that there
are a lot of domestic violence victims who are women. In conditions like this, we can see
where the protection lies for the wife; it is as if the wife is made a baby when they cannot
give what they want by committing violence.
The double burden of the assumption that women are nurturing and diligent and
unsuitable to be the head of the household means that all domestic work is the
responsibility of women. For example, among low-income families, this hefty burden
must be borne by women themselves. Moreover, if the woman continues to work, she
bears a double workload.
It can be seen that the reality of today's society is low economically, where women
are the more dominant to do everything and can cover multiple roles because they see
household needs that cannot be fulfilled. Moreover, if the couple has children, the needs
of children are more estimated. Women should be more affectionate, pay enough
attention, and think more about their children. So that is how we have to see the benefits
or needs of women.
With these conditions, women are still not given the flexibility to work outside the
home, so the distribution of property takes precedence over the needs or benefits of the
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heir. It is precisely women who are entitled to two, given the increasing household needs.
For example, there are several brothers whose fathers left. The first brother is a boy, and
he has two sisters. The brother already has a good job, houses, and land everywhere, while
the sister has no job. So, with this situation, wouldn't the brother's property increase
compared to his sisters' if two were given to his brother? Of course, this is unfair. The
contribution of Amina Wadud's thoughts on inheritance distribution is that the third point
is to keep paying attention to the condition of the heirs and the benefits of the inherited
property. What is clear to Wadud is that the fundamental principle in the distribution of
inheritance is to benefit and justice for those left behind.
All manifestations of gender injustice are interrelated and influence each other. The
manifestation of injustice is steadily socialized to men and women, which both men and
women gradually become accustomed to. Finally, they believe that gender roles are as if
they were natural. Mansour Fakih also explained in detail the problems arising from the
injustice experienced by women. Although it is also sure that you are a man, you may
experience the same thing. So, this gender analysis does not look at one side, namely
women, but this also applies to men. It is intended that there will be no social inequality
between the two.
According to Mansour Fakih, justice and gender equality are characterized by the
absence of discrimination between women and men; thus, they can participate and
reasonably obtain benefits.
Access
This access is something that both men and women can achieve. So what can be
obtained by men, women must also get it. This means that there are no limitations to
access for the opposite sex. The thought of Quraish Shihab's shop of access for women
was there. Because it is said that the woman should get an inheritance, it is the right of
heirs, as specified in the Qur'an surah an-Nisa verse 12. The division is clear that the male
and female parts are 2:1. Women get one because women are not obliged to provide for
their husbands and children, so the division of one is enough for themselves. According
to his view, long before Islam entered, women did not participate in war, in a state of
humiliation, or even in trade. With conditions like this, women do not get inheritance.
Only since Islam came into existence did women get a share that was sufficient for her.
Because, at that time, women did not get inheritances at all.
Meanwhile, Wadud's thinking is anti-patriarchy, so justice must obtain access. In
inheritance, he put forward the principle of expediency for heirs. According to him, the
division of inheritance in the Qur'an is one model of division, not the only one, so there
are still other ways of dividing inheritance. So, she prioritizes women's rights that are
neglected and go backward.
Participation Opportunities
Participation means whether women or men can participate or be involved in the
division. Quraish Shihab, in the division of inheritance of heirs, wants a division not based
on Islamic law by dividing equally, and all parties have agreed on it. It is justified, as long
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as the division is equal but not based on judging that the degree of a division established
by Allah is unfair or erroneous".
In the above words, mentioning based on mutual agreement means that there is an
opportunity for participation between male and female heirs. From the division of
inheritance described by Quraish Shihab, he allowed equal distribution provided there
was a deliberative agreement between the heirs. This means that the division is based on
the negotiation of the heirs with the agreement of each party.
According to him, women are not prevented from obtaining inheritance rights like
the Arab community in the past. Even inheritance law gives a share of inheritance to
female relatives, such as maternal brothers and sisters. Meanwhile, Amina Wadud
emphasized in her principle that the division of inheritance must be based on the principle
of justice, where the two must negotiate to find out who the heirs are entitled to get more
because it is to the needs of the heirs. Because if you look at it from necessity, with
different conclusions to interpret the division of inheritance.
Benefit Fairly
According to Quraish, Shihab departs from men and women; if you look at the text
of the Qur'an, the Hadith have different natures, functions, and duties. In the context of
that difference, men are required by religion to pay dowries and support spending on
wives and children, which is different from women. With such conditions, Quraish Shihab
sees the needs of men as more significant than women. The 2:1 division for men and
women is appropriate for women. The division is relevant because women are not obliged
to spend money on their husbands and children, but it does not hinder women's income.
Women still have their rights, and that's enough for her.
Meanwhile, Amina Wadud is very clear in her principle that the distribution of
inheritance must be based on the principles of justice and expediency. There needs to be
consideration in the division because, so far, women's rights have been ignored. To ensure
fairness in the division, Amina Wadud looks at the practicality of the heirs so that it can
be said to be fair for the distribution of inheritance. Given the heirs' right to inherited
benefits, sharing them proportionately is natural. Profit (NAFTA) is a variable of interest.
However, the factors of members, combinations, and benefits still need to be
considered in determining the division of Wadud's estate. Why, for example, should a
boy in a family with a son and two daughters have to get a larger share if one of the
daughters cares for and provides for the widowed mother? Considering the actual fun for
some heirs may lead to different conclusions.
So, it can be concluded that with the opinions of the two figures above, it can be
seen that this division of inheritance can be said to have fulfilled gender justice. Because
in the book Tafsir Nusantara by Syarifuddin and Wardani, this book explains the opinion
of Quraish Shihab. According to him, he drew reasoning to conclude that the formula 1:2
(female part: male part) still fulfills gender justice.
After seeing the difference in thought between the two figures above, the thoughts
of Quraish Shihab in Tafsir Al-Misbah and Amina Wadud's interpretation of the division
of inheritance between men and women, the two figures have absolutely nothing in
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common. Even though these figures are from the current contentporer era, because he has
different perspectives on interpreting a verse, it does not rule out the possibility of
providing space for women to get their rights. In the book Quraysh Shibah entitled,
"You ask, Qurais Shibab answers" in the book found an explanation as follows:
Suppose in the division of inheritance, the heirs desire a division that is not based on
Islamic law by dividing equally, and all parties have agreed on it. In that case, it is
justified, as long as the distribution is similarly not based on judging that the degree of
division established by Allah is unfair or erroneous." Qurais Shibah, in his book, strongly
asserts that he disagrees with the statements of Muslim feminists who say that they
interpret verses. The Qur'an is by the times and reality in society. According to Qurais
Shibab, Islamic law is a final decree; moreover, the division of inheritance is one of the
Qur'an's most detailed and detailed divisions.
Another alternative to Quraish Shihab is if there is a parent who feels that Allah's
decree is unfair if he has fulfilled the many needs of his son. The solution that can be
taken is to give his daughter life and health the amount he considers can produce justice
among his children. Allah authorizes the owner of property during his life and health to
use his property as he sees fit within lawful and just limits. He no longer has authority
when he dies; the property belongs to God. He alone has full authority to divide it as
stipulated in the inheritance law.
Unlike Amina Wadud, a figure who fought for women's rights, she said that the
division in the Qur'an 2:1 is not a final model of division. Still, there is another model in
the division of inheritance. The distribution of inheritance in the Qur'an is one model that
can be used. With the development of the times, the condition of society has become
different from that of the past few centuries.
Amina Wadud was uneasy about the rights of women who got one compared to men. In
the past, it was natural that 2:1 was applied in his time for the first reason: men who gave
dowry to women. Second, men provide for women. Third, it was men who went to war
and women who did the domestic role. But she feels that nowadays, women can do jobs
generally done by men, for example, to make a living. So, he disagreed with the 2:1
division of inheritance for male and female.
So, the conclusion is that the two figures have achieved gender equality. Because
each interpretation between the two characters has other alternatives in giving equal rights
to the heirs, it does not rule out the possibility of differences in current conditions that
allow each party a fair distribution of inheritance.
Conclusion
In the tafsir Al-Misbah, Qurais Shihab explains the verse of inheritance is a final
decree. In Al-Misbah on inheritance, he explains that the 2:1 division of inheritance is the
final decree. In another book, he also allowed the distribution of inheritance equally, but
on the condition that it was based on agreement with the heirs, and he did not consider
that the law God had established was wrong. As for the division of inheritance of Amina
Wadud his view on the ratio of inheritance distribution may change according to the
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justice and expediency of heirs. The distribution of inheritance must meet several
considerations to know gender equality, such as access, opportunity to participate, and
fair benefits. So, it can be concluded from both opinions that the figures have fulfilled
gender equality in the distribution of inheritance. In the current contention era, division
by torch or peace between heirs is allowed.
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