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This is because the provisions in the article are the result of an interpretation made of the

text or source of law contained in Q.S. 4: 11, which explains the share of inheritance received by
sons and daughters who inherit together. The share of inheritance they receive is adjusted to the
rule of law in the expression li al-żakari miṡlu ḥaẓẓ al-unṡayain in Q.S. 4: 11.

Regarding the practice of inheritance distribution in Indonesia, Drs. Ahmadi (judge of


Serang religious court) said that:

“The division of inheritance among Muslim, especially those in the Serang district, should
be in the distribution of inheritance between men and women, the provisions of li al-żakari
miṡlu ḥaẓẓ al-unṡayain are applied, and men get twice the share received by women. This
is because this provision is based on the law of inheritance found in the books of fiqh and
the Compilation of Islamic Law in Indonesia (KHI). The use of these laws is non-
negotiable.
Than AH explains:

The use of KHI as a guideline in the division of inheritance both in Religious Courts and in
Muslim communities is based on several reasons, namely: first, KHI is a collection of laws
in which there are provisions on inheritance, not forgetting the principle of fara'id;
second, apart from the book of fiqh, KHI is a guideline accompanied by ijtihad which is
based on justice; third, KHI is a legal guideline that is following the culture of Indonesian
citizens.
Regarding the above explanation, According to BU (the head of the petir religious affairs
office) that

based on fiqh books, the share of inheritance between male and female heirs is two to one,
namely two parts for men and one part for women. Although, in practice, some people in
Petir are more inclined to give equal shares to men and women. The majority of people in
Petir resolve cases regarding the transfering property from the deceased to his relatives
based on the results of an agreement based on customs law. However, some people use
farā'iḍ law, with the help of local religious leaders or local kiyai.
The above phenomenon is the same as what Munawir Sadjali found when he conducted a
small research (according to him) related to the practice of inheritance distribution among
families who are very familiar with Islamic inheritance law. According to data obtained by
Munawir Sjadjali, some give equal shares of heirs for sons and daughters, because sons spend
more on their school or college needs than daughters.

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