Ratio legis of interfaith inheritance reformulation from The Perspective Of Fiqh Minority: A study of the thoughts of Yusuf Al-Qardhawi and Taha Jabir Al-Alwani

As-Suvi, Ahmad Qiram and Zuhriah, Erfaniah (2023) Ratio legis of interfaith inheritance reformulation from The Perspective Of Fiqh Minority: A study of the thoughts of Yusuf Al-Qardhawi and Taha Jabir Al-Alwani. JPH :jurnal pembaharuan hukum, 10 (3). pp. 361-386. ISSN 2355-0481

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Abstract

This article aims to delve deeply into the ratio legis of reformulating the legal status of interfaith inheritance from the perspective of fiqh minority, as articulated by the thoughts of Yusuf al-Qardhawi and Taha Jabir al-Alwani. The research method employed in this article is a library research approach, utilizing comparison and content analysis to identify similarities, differences, and potential points of convergence in their thinking. The research findings indicate that the legal status of interfaith inheritance, according to the fiqh minority of Qardhawi and Alwani, must be redefined from the classical textual fiqh formulations to a contextual division of interfaith inheritance. The growing Muslim population in various non-Muslim countries necessitates the urgent reformulation of interfaith inheritance distribution to fill the normative vacuum within minority Muslim communities. The ratio legis of reformulating the legal status of interfaith inheritance according to Qardhawi and Alwani is based on considerations of maslahat (public interest) and the values of Maqashid al- Shariah, which serve as guiding principles for redefining the contextual legal status of interfaith inheritance. Failure to understand Islam solely through a textual lens and an inability to address the issues faced by minority Muslims in non-Muslim countries could relegate Islamic law to a relic of civilization.

Item Type:	Journal Article
Keywords:	Fiqh; Inheritance; Interfaith Minority; Ulama
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Erfaniah Zuhriah Hadi Sucipto
Date Deposited:	04 Apr 2024 10:36

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