Legal Review of Transgender Heirs from the Perspectives of Islamic Law and Civil Law

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