Abstract:
This study aims to explore the legal status of transgender or
transsexual heirs, their entitlement to inheritance shares, and the legitimate
approaches for resolving related inheritance issues. The research employs a
normative juridical methodology, focusing on written legal sources. The
findings indicate that, in Islamic law, the inheritance rights of transsexual
individuals are determined based on their biological sex prior to undergoing
gender reassignment surgery, with varying interpretations across different
Islamic schools of thought. Additionally, civil laws often differ based on the
social and legal frameworks of individual countries, which influence the status
and rights of transsexual heirs. Resolving inheritance disputes, particularly
those involving transsexual individuals, is complex due to the ambiguity in
gender identity and the diverse legal perspectives. Overall, the treatment of
transsexuals in inheritance law is evolving, necessitating careful consideration
and reforms to ensure equal rights in inheritance matters
