Peran Notaris dalam Memberikan Kepastian Hukum terhadap Hak Mewaris Penderita Ambiguous Genitalia berdasarkan Hukum Waris Islam

Abstract

The Compilation of Islamic Law (KHI) regulates various aspects of civil law for Indonesian citizens of the Islamic faith, including inheritance law. Generally, the determination of heirs and the division of inheritance rights are influenced by two factors: lineage and the gender of the heirs. However, some individuals are born with genitalia that differ from typical male or female anatomy, a condition medically known as ambiguous genitalia. This research adopts a normative juridical approach, utilizing statutory and conceptual methodologies. Legal materials were collected through literature studies and interviews, analyzed using grammatical interpretation and legal argumentation techniques through analogy. The study classifies ambiguous genitalia under Islamic law as analogous to khunsa. Khunsa is divided into two categories: Khunsa Musykil (whose gender is difficult to determine) and Khunsa Ghairu Musykil (whose gender can still be determined based on specific characteristics identified by Islamic scholars). Notaries have the authority to draft inheritance deeds under Islamic law. including Deeds of Inheritance Rights and Deeds of nheritance Distribution, provided all heirs agree to settle matters outside the court. hi cases of disagreement, the notary can direct the parties to file an inheritance determination request at the local Religious Court. In preparing the deed, notaries may act as legal innovators, filling legal gaps not explicitly addressed by existing regulations, as long as the parties involved reach a consensus.