An Analysis of the Justice of Faraid Law in Relation to the Concept of Qiwamah in the Sustainability of the Muslim Family Institution

Abstract

The contemporary movements of Liberalism and Feminism are increasingly challenging the Islamic law of faraid. They claim that there is gender discrimination in the distribution of inheritance, particularly in Surah al-Nisa, verse 11, which allocates a portion for men that is twice that of women. These movements are further strengthened by Sustainable Development Goal 5, which advocates for gender equality. Therefore, this study aims to critically analyze whether gender discrimination exists in the faraid law by examining the concept of household leadership (qiwamah) in sustaining the Muslim family institution. Through a qualitative approach, this study employs content analysis of classical and contemporary fiqh books, academic journal articles, contemporary fatwas, and authoritative online sources. The findings of this study show that when the concept of qiwamah is understood in a holistic context, the faraid law is just and capable of fostering the sustainability of the Muslim family institution. Hence, this study proposes a multi-dimensional approach in understanding and implementing the concept of qiwamah in the contemporary context, such as comprehensive education on rights and responsibilities in Islam, and dialogue between Islamic scholars and women’s rights activists to achieve better mutual understanding.