HIBAH AYAH KEPADA ANAK PEREMPUAN DALAM PERSPEKTIF FIQH GENDER

Abstract

Hibah is a present that given by someone to other for sake Allah swt. Nowadays, parents use the term (hibah) for avoiding the improper debate especially toward daughter. They distribute the property to their women children after evaluating how do it properly. The problem here is this kind of pure hibah or other name of heritage eventhough it is done before the death of parent. Some ulemas responded the issue, again, many intepretations related to hadith regarding the issue. Among the problem must be focused is the portion of daughter related the amount of property, also some of them have no portion of that. The writer also try to analyze the interpretation of ulemas related to nass on this issue. Through the research, the writer found the Islamic law never forbade hibah to be specialized to certain gender such daughter and mother. Concerning the daughter, the Syariah law pursue the justice among the children. So, it should be the same portion between male and female in relating to hibah.