Kedudukan Transgender Dalam Sistem Kewarisan Islam dan Adat
DOI:
https://doi.org/10.33558/maslahah.v12i1.2628Keywords:
Inheritance, Transgender, Islamic Law, Customary LawAbstract
This study analyzes the position of transgender people in the distribution of inheritance from the
perspective of Islamic law and customary law. This research is library research using the juridicalnormative
approach and descriptive analysis data. The results of the study explain that there are
three elements of Islamic inheritance law, namely the heir, the heir, and the inheritance. The portion
of the heirs has been determined in the Koran. The gender of the heir determines the amount of the
share of the inheritance to be received. In Islamic law, the position of inheritance for people who are
transgender is seen from their first gender at birth, and not determined after being transgender. This
is because Islam forbids sex reassignment surgery because it has changed God’s creation. whereas in
Balinese Customary Law, transgender actors are never recognized for their new status, before they
perform a religious ceremony. If this religious customary ceremony has been carried out and approved
by the traditional village leaders, then the applicant’s status is legal and customary.