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ISLAMICA : Jurnal Studi Keislaman


Inheritance, theory of value hierarchy, universality.


Suqiyah Musafa?ah




This article seeks to discuss the issue of inheritance in Indonesia and
the solution offered through studying the Quranic verses of inheritance
according to Abdullah Saeed. Saeed?s methodological approach is used as a
tool of analysis to reconstruct the law of inheritance in Indonesia. On
the one hand, Saeed?s theory of ?value hierarchy? is formulated in
order to maintain the principle of Islam?s universality. On the other
hand, this theory is applied in order for Islam to be valid for every
time and place (s?lih li kull zam?n wa mak?n). Saeed?s theory
of ?value hierarchy? consists of among others obligatory values,
fundamental values, protectional values, implementational values, and
instructional values. Based on Saeed?s theory of value hierarchy, the
division of inheritance based of customary law (adat) called dumdum kupat (the portion of inheritance for son and that for daughter is the same) is valid and can be applied.


Vol 9, Nomor 2, Tahun 2015


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