FLEKSIBILITAS PEMBAGIAN WARIS ISLAM (Studi Pemikiran Muhammad Syahrur)

This study aims to examine in depth the issue of Islamic inheritance law, especially the inheritance law of Muhammad Syahrur's thoughts because his thoughts on Islamic inheritance law are different from the fuqaha in general and cause controversy among contemporary scholars. Therefore, the researcher wants to examine in depth and try to answer the problems regarding the distribution of inheritance according to Muhammad Syahrur and the flexibility of inheritance distribution in Muhammad Syahrur's thinking. This study uses the literature method from Muhammad Syahrur's primary books and other supporting books. Because the study is aimed at dismantling Muhammad Syahrur's thoughts, the researcher uses critical analytical techniques. From the results of research on Syahrur's thoughts on inheritance, it shows several important findings that are different from other scholars or scholars. Three theories of the limit of the division of inheritance that can be mentioned are; First, the maximum limit for the distribution of inheritance for boys is 66.6% (double the share for girls) and the minimum limit for daughters is 33.3%. second, the minimum limit for women's shares is 2/3 of the inheritance provided that women do not work and if the number of daughters is more than two then they collectively get 2/3 of the share; third, the minimum limit for women is half of the inheritance if only one woman. This shows that Islamic law is certain in determining its legal boundaries as well as flexible in the movement of ijtihad between these boundaries