ANALISIS PERBANDINGAN PEMBAGIAN WARISAN UNTUK TRANSGENDER DALAM HUKUM ISLAM DAN HUKUM PERDATA

The rapid development of technology has undeniably affected various aspects of human life, including the social structure of society. A concrete example of this transformation is the
growing phenomenon of gender transition. This issue is significant because it involves a change in a person's sexual status. The phenomenon has sparked diverse opinions in society, particularly concerning the distribution of inheritance. This raises new legal questions related to inheritance rights for transgender individuals. This study aims to analyze the distribution of inheritance for those who have undergone gender transition from the perspective of civil law and Islamic law. The method used in this research is normative legal research, which involves collecting data from legal literature and reference sources. The findings indicate that Indonesian civil law does not specifically regulate gender transition or provide clear guidelines for equitable inheritance distribution in such cases. On the other hand, Islamic law views gender transition as prohibited (haram), thus the inheritance distribution is based on the person's original gender at birth. Therefore, transgender individuals are still entitled to inherit,
both under civil law and the Compilation of Islamic Law (KHI). In civil law, gender does not affect the right or share of inheritance, meaning transgender individuals receive the same
inheritance rights as other heirs. However, in Islamic law, the distribution is based on the original gender prior to the transition. If a person was born male and later transitioned to
female, they would still receive inheritance as a male, and vice versa. Furthermore, Islamic law only grants inheritance rights to transgender individuals if the gender transition is justified by
valid religious reasons.