Problems of Inheritance Distribution for Transgender in the Perspective of Ushul Fiqh and Human Rights
摘要
The issue of inheritance distribution for transgender individuals in Muslim societies presents a legal and ethical dilemma that necessitates a multidisciplinary inquiry. This study explores the compatibility of Islamic inheritance law and international human rights standards, focusing on transgender rights, gender identity, and justice. The primary objective is to assess whether Islamic jurisprudence (fiqh) can evolve to accommodate contemporary understandings of gender while preserving doctrinal integrity. Methodologically, the research employed a normative legal analysis combined with comparative case studies and fatwa reviews from multiple Muslim-majority countries. It also utilized the maqashid al-shari’ah framework and human rights principles such as non-discrimination and the right to property. Key sources included classical and reformist Islamic scholarship, human rights declarations, national legal reforms, and court precedents. The findings reveal that classical fiqh lacks provisions for transgender inheritance but allows reform via maqashid al-shari’ah and legal maxims like al-‘adah muhakkamah. Human rights norms, notably those found in the Universal Declaration of Human Rights and the Yogyakarta Principles, advocate for equitable inheritance rights. Fatwas from institutions in Iran, Egypt, and Malaysia provide partial support for gender recognition post-transition, though inheritance rights remain inconsistently applied. National laws, such as Pakistan’s Transgender Act, signal a shift toward inclusivity. Reformist scholars propose contextual ijtihad and hybrid legal models as pathways to justice. This research concludes that the harmonization of Islamic inheritance law and human rights is not only possible but essential. It contributes to legal pluralism and highlights the potential of ijtihad to bridge doctrinal law and social realities, urging further empirical studies on transgender Muslims’ lived experiences.