THE COMPARATION OF MAQᾹṢῙD IMPLIMENTATION’S IBN ‘AṢŪR AND MUNᾹWIR SJADZALI’S IN QS. 4: 11

This article discussed the discourse of inheritance in QS. 4: 11 according to modern figures, ‘Aṣūr and Munawar Sjadzali. So, the purpose of this research is to express the base of the maqāṣīd application that is used by them. This research is library research with descriptive analysis and comparison methods. The result of this research is that two figures found a significant value in that surah with different maqashid concepts. Ibnu ‘Aṣūr understood the surah (QS. 4: 11) is as awarding attention for Muslim women in the discourse of inheritance that they get a half of a man proportion. Even before the revelation of that surah, women’s rights were not given. While Munawir Sjadzali understood that surah by searching an ideal value and contextualize whit the situation and condition in his country with formulation 1:1 for man and women which considered the roles and positions woman is relatively same with a man along with the demands of the times.


Introduction
The Qur'ān interpretation should cover a dynamic and creative following the structure and context of community development in providing a spirit continuity and change on an ongoing basis. For instance, the legal problems that exist in the Qur'ān which is a logical reflection of the situation and condition of the society in which it develops. The emergence of madab fiqh with different styles is one concrete proof that law can change with changing times and conditions of society. Nevertheless, modern Muslim thinkers take the reinterpretation of the legal verses contained in the Qur'ān to find the relevance of the text of the verse with the context that occurs to answer the problem of modernity of Muslims as well as to produce a product of interpretation of legal verses that flexible and accommodating in today's times. 1 The article discusses the Qur'ānic inheritance verses, particularly the 11th of An-Nissa', which covers the principles of legatee law in Islam, how do the son who receives twice as much as daughters possession. The interpretation raised arguments of contemporary muffasir scholars, particularly, modern movements. However, the conservative muffasir scholars, the Tafsir al-Hijr and Ibn Katsr, referring to the following verse, state that son possession is the legal verdicts (qaṭ'ī verses) that cannot be changed. Therefore, it represents the men's role in social context who have more superior responsibility before women. 2 Some contemporary muffasir scholars contemplate the Qur'ān as social culture product whose interpretation elaborates between the text and the historical context, Naṣr Hamid Abu Zayd dan Muhammad Arkoun recommends the Qur'ānic verse should not be assumed rigidly, but rather with flexibility and contextual. 3 Nowadays, the role of women is much forward than in the time when the verse was reviled. Indeed, the QS. 4:11 pioneers the women status revolution throughout the course of history, it is a leap to transform women became an heirs than the object of passing inheritance. daughter in the Muslim tradition of Batak and Minang in Sidikalang. 12 Muhammad Iqbal Piliang dan M. Najib Tsauri conducted a comparison study which committed by Muhammad Shahrur and Munawir Sjadzali in interpreting inheritance verses. 13 The article also described Shahrur and Munawir point of view to the distribution to the heirs, the lineage children, parents, husband-wife, brother-sister, or about the person who died (al-kalalah) by applying the theory of limits and producing legal reforms that take into account the principle of justice. Another researcher, Moh. Mauluddin, who conduct a study on the interpretation of inheritance verses in Tafsir maqāṣīdī Ibnu 'Aṣūr. 14 This paper reveals the relevance of Ibnu 'Aṣūr's interpretation of inheritance verses with the principle of maqāṣīd al-syarī'ah.
The article employed qualitative research methods which are designed in library research as descriptive analysis and comparative methods, and discussing the 11th of An-Nissa which have been elaborated by the thoughts of Ibnu 'Aṣūr and Munawar Sjadzali, who shares about the similar approach, maṣlāḥah or maqāṣīd al-syarī'ah.
Therefore, two figures who have a lifetime this is because the fatwa very different discourse between them in applying the maqāṣīd or maṣlāḥah method.

The Base Concept Of Inheritance In Islam
The glorious Qur'ān reveals Islamic hiers concepts plant in detail and systematic. Allah the Almighty elaborates the Law of Inheritance with strong suggestion to be practiced in daily life. However, as the revolution of human standing, recitating, and comprehending to the verse raises several perspectives and arguments. The QS. 4:11 is the verse which often raises distingtion and inpretataion of the heirs in Islam, as follow: daughter. Therefore, approximately, the will distribution frauded injustice for different perspectives.
The Islamic Scholars, Muhammad Abduh, elaborated the QS. 4:11 within feminist understanding. According to Muhammad Abduh, the verse signifies Islam's reverence for women's social position. The verse indicates the distribution of wills to the daughter is soled to the distribution of the son. However, before Islam was revealed, the daughter, women, did not have the right to the inheritance of their family. Muhammad Abduh has comprehended the verse wisely, which is the extender of the son's share for his responsibility to his wife and family, as for the daughter does not. However, if the women have the responsibility to provide for their families due to certain factors, then women get the same or more inheritance than men. 16 Muhammad Abduh's argument is supported by his disciple, Rashid Rida. He argued the distribution follows the principle of justice between rights and obligations. 17 The next Islamic Scholars, Muhammad Syahrur, within his theory, revealed the distribution of inheritance must be based on a balance between rights and obligations. The maximum and minimum shares have been settled in the glorious Qur'ān. In terms of ijtihad, he pointed out the son share is twices the daughter does, as the minimum limit for the daughter is half from the son. Furthermore, Syahrur considered the quality of inheritance income in Islam between men and women can be the same and equal by having attention to the principle of balanced justice in the inheritance law itself. 18 On the other hand, the Islamic feminist figure, Amina Wadud explored the QS. 4:11 with the Mathematics formula of two by one (2/1) comparison, as a simplification in the discussion of inheritance. The scholars argued the Qur'ān does not describe the possibilities that occur in modern life. For example, in a family, there is one son, two daughters, and a mother who must be cared for and supported by her daughter, "why should the male receive a larger share?" then, According to Amina Wadud, there are many possible combinations that must be considered and taken into account so that the inheritance is divided fairly. 19 The descriptions above examine the meaning of the verse with the maqāṣīd alsyarī'ah approach. It is considered to answer contemporary legal problems by looking for the maṣlāḥah. Therefore, it is necessary to examine the opinions of figures who study inheritance provisions with a maslāḥāh approach nonetheless produce different fatwas; they are Ibnu 'Aṣūr and Munawir Sjadzali.

Ibn 'Aṣūr dan Munawir Sjadzali Profiles
The Ibn 'Aṣūr Background Muhammad ibn al-'Ashur is the son of a scholar who had roots in the field of scholar and lineage or referred to as aḥl al-bāit Prophet Muhammad. While his mother, Fatimah is the daughter of Prime Minister Muhammad al-'Aziz. 21 Their family is known as nobles and scholars. Since his childhood time, Ibnu 'Aṣūr (his popular call-name) lived and was educated by his grandfather of his mother, by the recommendation of his parents, so that he could replicate his grandfather's success both in terms of knowledge, power, and position. 22 He was very persistent and enthusiastic about learning religious sciences, such as the Qur'ān, Maliki School of jurisprudence, Arabic, nahwu, and others. When in 6 years old, Ibnu 'Aṣūr managed to memorize the Qur'ān, and then continued to memorize the matan and sharh Jurumiyah (i.e. matn ibn 'Ashir al-Jurūmiyah dan syarḥ al-Shaīkh Khalīd al-Az'āri 'alā al-Jurūmiyāh) as a provision to continue their studies at the University of Zaitunah. He was accepted at the University of Olives in 1893 AD when he was 10 years old. There he studied the science of tools, hadith, qirā'ah, interpretation, and general sciences including Western thoughts. 23 His proficiency in all scientific and Islamic disciplines makes him a critical scholar.
After graduating an interdisciplinary scholar from Zaitunah University, Ibn ''Aṣūr was appointed as a lecturer there in 1903 AD. His academic career was always growing, as evidenced in the following year, 1904 AD he was recruited as a lecturer at al-Siddiqiyah University and in 1909 he was appointed as a member of the academic there. Not only the academic field, in 1913 AD he was but also acting as chairman of the council auqāf and Qadi. In addition, at the same time he was also elected as the mufti of the Maliki madhhab following in his grandfather's footsteps. 24 Although, with a background of strong cultural relations, being busy as a lecturer at various universities and a very influential religious figure, Ibnu 'Aṣūr also spent his time to put his intellectual results into writing. He has produced many works from interdisciplinary scientific discourses that he is engaged in, both in the field of Islamic sciences such as Tafsīr al-Tahrīr wa al-Tanwīr, Maqāṣīd al-syarī'ah al-Islāmiyāh, A laisa al-Subh bi Qarīb, and others. In the field of language and literature such as Uṣūl al-Insyā' wa al-Khiṭābah, Mujīz al-Balāgah, Syārh Qasid al-20 (al-Ghali 1996) 25 The Tafsir al-Taḥrīr wa al-Tanwīr was written in the middle during Tunisia's political conditions, there is a gap between the government and religious leaders. Ibnu 'Aṣūr opposes the government and continues to fight for the freedom of Islamic thought in Tunisia by continuing to spread religious studies in various parts of the country and improving the quality of education by teaching interdisciplinary sciences such as English, history, and philosophy. And as a result of his actions, he was demoted from his position as the Grand Sheikh of Islam Tunisia. This did not make the psychology and spirit of Ibnu 'Aṣūr down, on the contrary, he took advantage of the opportunity to complete the product of his interpretation and was completed in 1380 Hijriah. 26 Ibnu 'Aṣūr uses his interpretation of al-Taḥrīr wa al-Tanwīr as a medium for developing knowledge and pouring out his thoughts by applying the collaborative method of Riwayah sources (bi al-ma'ṡūr) and reasoning ijtihad (bi ar-Ra'y) as the basis of interpretation and does not escape from an interdisciplinary scientific approach to solving scientific problems so that they can always answer new challenges that are rarely discussed in classical interpretation literature. In addition, Ibn 'Ar's commentary is also known as a product of interpretation that tends to use the maqāṣīd al-syarī'ah approach in its discussion. 27 Ibnu 'Aṣūr hopes that his commentary works give influence to the community, both in terms of religious understanding, behavior, and scientific insight. 28 The Munawir Sjadzali Munawir Sjadzali was born on November 7, 1925 in Karanganom village, Klaten, Central Java. He is the eldest of eight children to Abu Aswad Hasan and Tas'iyah. 29 They were given the old name Mugahfir. 30 The Mughafir family is an ordinary family, even far from prosperous. Nevertheless in terms of religion, they are a family of Islamic students (santri). Reflecting on his father's educational background, he was a student at various well-known Islamic boarding schools in Indonesia, such as the Jamsaren Islamic Boarding School in Solo, Central Java, the Termas Pacitan Islamic Boarding School in East Java, and the Tebuireng Jombang Islamic Boarding School in East Java. His father was also a follower of the Syadzaliah Tarekat and a Kiai in the village of Karanganom. The Little Munawir learned basic religious knowledge from his father and was raised with a strong Sunni (Shafi'iyah) religious tradition. 31 Munawir's formal education started from Madrasah Ibtidaiyah in his village, then continued to Madrasah Tsanawiyah in Solo which was founded by his father's friend, KH. Ghozali. After one year, he moved to Madrasah Mambaul Ulum Solo. He studied Arabic, Nahwu, Sarf, Balagah, Fiqh, uṣūl fiqh, astronomy, and arithmetic. He also mastered various languages, such as Javanese, Malay, English, French, and Arabic. 32 Munawir graduated from Madrasah Mambaul Ulum in 1943 at the age of 17 th . Due to financial problems to continue his education to a higher level, he decided to migrate to work in other cities and was accepted as an apprentice teacher at the Salatiga Muhammadiyah School. Because his status was only as an apprentice teacher, Munawir tried to enroll at Madrasah Ibtidaiyah Gunungpatu Ungaran and was accepted as a permanent teacher. This is the moment when Munawir began to be actively involved in the social activities of Muslims on a national scale so that he had many relationships with prominent figures, such as Bung Karno who at that time 33 Munawir is also a scholar who is prolific in writing, and has conservative thoughts (returning understanding to the text of the Qur'ān and Hadith) and does not bind himself to a particular school of jurisprudence. 34 Iqbal, "Penafsiran Modern Ayat-Ayat Waris: Perbandingan Muhammad Shahrur Dan Munawir Sjadzali." 35 Azra, Menteri-Menteri Agama RI: Biografi Sosial-Plitik, 373.  36 After returning from his journey, Munawir was appointed as Director-General of Politics to replace Chaidir Anwar Sani. He also often represents the foreign minister for a ministerial level policy meeting. It was his dedication that later led him to sit in the chair of the Minister of Religion and won the trust of President Suharto to serve for two terms since the New Order. During his serves as Minister of Religion, he encountered many problems with Islamic law which, according to Munawir, needed to be re-actualized so that the Qur'ān as a guide for Muslims could be relevant to the socio-cultural conditions of Indonesian society. He put the ideas into a book entitled The perspective of Ibnu 'Aṣūr on Maqāṣīd al-syarī'ah is the terms and wisdom for the stipulation of the law by Shari'ah (al-Shari') the Initiator. It applies not only certain types of law but also entirely to shari'a law. According to Ibnu 'Aṣūr, the concept of maqāṣīd al-syarī'ah is anticipated by shari'a' through the Islamic law implementation, which has two important points; the maqāṣīd al-syarī'ah al-'ammāh and maqāṣīd al-syarī'ah al-khaṣṣāh. The maqāṣīd al-syarī'ah al-'ammāh perspective is derived from the terms and wisdom of Allah swt on His attention to shari'ah provisions, not only focusing on certain shari'a. 38 There are five classifications of maqāṣīd al-syarī'ah al-'ammāh. As follow: 1) Al-fiṭrāh (the Essence) is a character, which is an intergral order of Allah swt creatures. The fiṭrāh has two branch terms; the fiṭrāh Jasādiah (the inclination of human organs to work their functions) and the fiṭrāh żinnīyāh (the inclination to obey Allah swt and the tendency to like best, such as justice, honesty, regret, shame, and others). This section becomes an important point which according to Ibnu 'Aṣūr, including the nature of the revelation of the Shari'ah is to return mankind to its nature. 2) Al-Samāḥah (the Tolerance) is al-'adl or al-tawāsuṭ (the position between narrowness and ease, moderate, or balanced). Al-samāḥah is terminologically defined as a commendable ease of something that is considered difficult by others and is characterized as something that eliminates danger and damage.
3) Al-Maslāḥāh (the Problem) is condicting a good deed and benefit. Ibn 'Aṣūr defines maslāḥāh as an inherent characteristic of actions that produce goodness or benefit both individually and collectively. This is in accordance with the objectives that will be from Islamic law, i.e. ‫ﺍﻟﻤ‬ ‫ﺍﻟﻤﻔﺎﺳﺪ‬ ‫ﺩﻓﻊ‬ ‫ﻭ‬ ‫ﺼﺎﻟﺢ‬ (generating benefit and preventing damage). Ibn 'Aṣūr divides maslāḥāh into three categories, based on the level of interest of the ummah (darūrāyah, hajjīyāh, and taḥsīnīyah), based on the context of the coverage of maslāḥāh (maslāḥāh kullīyāh and maslāḥāh juz'īyyāh), and based on the level of certainty, annīyāh, and waḥmiyah). 4) Al-Musāwah (the Equity) is equality, equality, and balance. Ibn 'Aṣūr viewed as a position as a principle (foundation-in Islamic Shari'ah so that in its implementation there is no need for a special argument to support its legality. Ibn 'Aṣūr gives an example that in the Qur'ān there are often several calls in the form of mużakkār (male), but it also applies to muannāṡ. This (female) is evidence that the sources of Islamic shari'ah recognizes the existence of musāwah (the principle of equality) which in this case means the context of gender equality. 40 5) Al-Ḥurrīyāh (the Liberty) is an antonym to the word ''ubūdiyāh (servitude) for the state of a person who is free to do any action without any obstacles. Generally, freedom is a right for all creatures in the universe which in its implementation does not cause damage or harm to either themselves or other parties. This principle was passed down to abolish slavery and uphold freedom. One example is the absence of compulsion to practice religion in the Qur'ān in accordance with surah al-Baqarah verse 256 ‫ﺍﻟﺪﻳﻦ(‬ ‫.)ﻻﺇﻛﺮﺍﻩ‬ Neverthenless, the maqāṣīd al-syarī'ah al-khaṣṣāh is the things that are desired by the shari'ah to realize the general goals of human maslāḥāh in specific actions. Maqāṣīd alsyarī'ah al-khaṣṣāh still has a broad scope of maslāḥāh, it's just that it is manifested in specific actions, such as maqāṣīd in family law. The marriage law includes maintaining naṣāb (descendants), which in this case can be achieved by three things, namely 1) marriage requires a guardian for the woman, 2) a dowry from the husband to justify the t β%x . …ç µs 9 Ó $s !u ρ 4 βÎ *s ù ó Ο© 9 ä 3t ƒ …ã &© ! Ó $s !u ρ ÿ …ç µr OÍ 'u ρu ρ ç ν#u θt /r & Ï µÏ i ΒT |s ù ß ]è =› W9$ # 4 βÎ *s ù t β%x . ÿ …ã &s ! × οu θ÷ zÎ ) Ï µÏ i ΒT |s ù 41 Musthafa Zaid, Al-Mashlahat Fi Al-Tashri' Al-Islami Wa Najm Al-Din Al-Ṭufi (Beirut: Dar al-Fikri al-'Arabi, 1964), 91-93. 42 A Baghdad Islamic scholars who came from Hanbali Madzhab with which has a theory of the supremacy of maslāḥāh which is considered controversial because it is based on a statement that if there is a contradiction between maslāḥāh and texts scriptures (the Qur'ān, hadith, and ijma') then what must be prioritized is maslāḥāh and put aside texts and ijma'.
Translation "God ordained thee concerning (the division of inheritance to) your children. Namely: the share of a son is equal to the share of two daughters; and if the children are all girls more than two, then for them two-thirds of the property left behind; if the daughter is alone, then she gets half the property. and for two parents, for each one-sixth of the property left behind, if the deceased has children; if the person who dies has no children and he is inherited by his parents (only), when his mother gets a third; If the deceased has several siblings, then his mother gets onesixth. (The distributions mentioned above) after the will has been fulfilled or (and) after the debt has been paid. (About) your parents and your children, you do not know which of them closer to (many) benefits to you is. This is a decree from Allah. Verily, Allah is All-Knowing, All-Wise" (Q.S. An-Nisa [4]: 11) 45 The above verse, especially in the editorial ‫ﺃﻭﻻﺩﻛﻢ"‬ ‫ﷲ‬ ‫ﺍﻷﻧﺜﻴﻴﻦ‬ ‫ﻝ‬ ‫"ﻟﻠﺬﻛﺮ‬ (Allah prescribes for you about the division of inheritance/inheritance for) your children. i.e the share of a son is equal to the share of two daughters) a lot reviewed by modern-contemporary commentators, especially for those who seek to understand the Qur'ān as a dynamic text, so it is necessary to contextualize the verse with the current situation as a solution to the increasingly diverse problems of Muslims with different areas of residence and socio-cultural differences.
The distinction of 11 th An-Nissai with the approach of Ibn 'Aṣūr is translation as follow: first, mentioning asbāb al-nuzūl. That surah al-Nisa' verse 11 was revealed as an explanation (al-bayān) as well as details (al-tafṣil) of the previous verse, namely surah al-Nisa' verse 7 which explains that men are in coalition with women in inheritance. Namely, sons and daughters alike get a share of the inheritance of their parents and relatives. It is understood that the verse is the source of the Shari'a for inheritance along with the provisions on who becomes the heir based on marital relations (husband/wife) and kinship relations (such as, verse, mother, children, and siblings). In addition, it also determines the level (size) of the share of each heir along with the steps that must be taken before dividing it (completing the testator's will and paying the debt), then it is called inheritance. Ibn Aṣūr pointed out the objective of ‫ﺍﻷﻧﺜﻴﻴﻦ(‬ ‫ﺣﻆ‬ ‫ﻣﺜﻞ‬ ‫)ﻟﻠﺬﻛﺮ‬ by the verse, the double of the son's share to the daughter's share. Specifically, the share of a daughter is half of that of a son or the share of two daughters is equal to the share of one son. However, he also explained that this verse was revealed with a signal to pay more attention to the share of daughters because, during the Jahiliyah era, girls did not receive any inheritance. This shows that in his interpretation, Ibn 'Aṣūr applies the concept of maqāṣīd to explore the purpose of the verse, namely this verse was revealed to provide benefits for women by fulfilling the rights they deserve.
The Munawir Sjadzali's Perspective of QS. 4:11 The initative of Munawir Sjadzali to reinterprete the QS. 4:11 ‫ﺍﻷﻧﺜﻴﻴﻦ(‬ ‫ﺣﻆ‬ ‫ﻣﺜﻞ‬ ‫)ﻟﻠﺬﻛﺮ‬ should be traced wheh he was Indonesian Ministry of religious Affairs, indeed, figured out the fraud within Muslim society who reported about legal issue. For example, when a Muslim afamily dies, the inheritance should be settled in the Religious Court with farāid for provisions, instead they go to the District Court to be resolved with provisions outside of farāid science. This is not only happening among the ordinary Muslim community but also carried out by Muslims who are considered qualified in farāiḍ discourse. 47 In addition to the above cases, there are also cases of families who take preemptive policies, namely when the head of the family (father) is still alive, they have divided most of their wealth to their children in an equal distribution without distinguishing gender and leaving only part small assets for survival and needs at the time of death. Thus, if the head of the family (divider of inheritance) has died, there has been no division of inheritance. This is done in the spirit of justice to maintain harmony and avoid conflicts between siblings in the family. In this case, according to Jurnal At-Tibyan: Jurnal Ilmu AlQur'ān dan Tafsir, Vol. 6 No. 1, Juni 2021 Munawir, formally there is no deviation from the provisions of the Qur'ān, but whether the implementation of religious teachings in such a spirit needs a re-inspection. 48 Reffering the social society condition above, Munawir proposed an ijtihad approaches to comprehend the QS. 4:11 ‫ﺍﻷﻧﺜﻴﻴﻦ(‬ ‫ﺣﻆ‬ ‫ﻣﺜﻞ‬ ‫.)ﻟﻠﺬﻛﺮ‬ First, by using a historical approach, Munawir refers to the asbab al-nuzul of the verse. According to him, Surah al-Nisa 'verse 11 was revealed to contain the value of the spirit of justice for men and women. This is because women in the period of ignorance (before the revelation of the verse) had no right to inherit. And with the revelation of this verse, it makes women pay more attention to justice by giving them an inheritance, which is half of the men's share. It can be concluded that over time, the position and role of women, which are relatively the same as men, is very possible to give inheritance with the same share as men. Therefore, Munawir formulated the share of inheritance for men and women from 2/1 to 1/1. This is considered fairer and under the conditions of the Indonesian people because according to him the consequences of the new era in social life are now very different from the past. 49 Second, Munawir uses the naskh mansukh theory approach. Munawir argues that naskh is to replace by not erasing the verse. According to him, naskh mansukh is a shift or cancellation of the law that is used as a guide contained in the text of the Qur'ān which was accepted by the Prophet Muhammad. And these changes are related to changes in time, place, and circumstances. This is only limited to the law of mu'ammalah, such as the law of inheritance, and does not apply to the law of worship. In this he quotes Rashid Rida's opinion: "Indeed, the law is different due to differences in time, place (environment), and situations. If a law has been promulgated at a time when the law is urgently needed, then the need is no longer the same at another time, then the wise action is to abolish the previous law and replace it with a new law that is under the situation and conditions of the latter" 50 The ushul fiqh scholars also project a similar account. It indicates the possibility of ijtihad for mu'ammalah by corresponding to all greater good for human life as stated in QS. 2: 185, 51 that Allah eliminates narrowness and difficulties and does not burden His people both in life and in religion. 52 Referring to these opinions, Munawir then applied them to the understanding of QS. 4:11 ‫ﺍﻷﻧﺜﻴﻴﻦ(‬ ‫ﻝ‬ ‫)ﻟﻠﺬﻛﺮ‬ that the part one boy is the same as part two girls (2:1) is irrelevant to use among Indonesian people. and changed to 1:1 which is more just and relevant to the civilization, social structure and needs of the Indonesian people. 48 Sjadzali, 89. 49 Munawir Sjadzali, Reaktualisasi Hukum Islam (Jakarta: Pustaka Panjimas, 1988), 12. 50 Sjadzali, 12 51 ‫ﺍﻟﻌﺴﺮ‬ ‫ﺑﻜﻢ‬ ‫ﻳﺮﻳﺪ‬ ‫ﻭﻻ‬ ‫ﺍﻟﻴﺴﺮ‬ ‫ﺑﻜﻢ‬ ‫ﷲ‬ ‫ﻳﺮﻳﺪ‬ "Allah wants relief for you and does not want hardship" Third, Munawir uses a traditional approach. According to Munawir, he quoted the opinion of Abu Yusuf al-Hanafiyah that if the text of the Qur'ān was revealed based on custom, then the legal provisions contained in it would be invalid if the custom was changed. 53 The customs that are used as legal stipulations are valid customs, namely those that can bring goodness and benefit to the community. Referring to the hadith of the Prophet: ‫ﺣﺴ‬ ‫ﷲ‬ ‫ﻋﻨﺪ‬ ‫ﻓﻬﻮ‬ ‫ﺣﺴﻨﺎ‬ ‫ﺍﻟﻤﺴﻠﻤﻮﻥ‬ ‫ﺭﺃﻩ‬ ‫ﻭﻣﺎ‬ ‫ﻭﺳﻠﻢ‬ ‫ﻋﻠﻴﻪ‬ ‫ﷲ‬ ‫ﺻﻞ‬ ‫ﷲ‬ ‫ﺭﺳﻮﻝ‬ ‫ﻗﺎﻝ‬ ‫ﻣﺴﻌﻮﺩ‬ ‫ﺍﺑﻦ‬ ‫ﻋﻦ‬ ‫ﻭﻣﺎ‬ ‫ﻦ‬ ‫ﺳﻴﺌﺎ‬ ‫ﷲ‬ ‫ﻋﻨﺪ‬ ‫ﻓﻬﻮ‬ ‫ﺳﻴﺌﺎ‬ ‫ﺍﻟﻤﺴﻠﻤﻮﻥ‬ ‫ﺭﺃﻩ‬ .

54
The hadith above shows Allah gives freedom to various human creativity that affects religious practice and becomes a habit that affects goodness. According to Munawir, the Islamic inheritance of the QS. 4: 11 determines based on the customs of the ignorant society and at the same time becomes a response to the actions of those who look down on women. Currently, customs such as the Jahiliyah era no longer exist because there have been changes. Then the share of inheritance in the surah changes, that is, the share of sons and daughters becomes the same distributions. 55 Fourth, Munawir uses the maqāṣīd al-syarī'ah approach. As explained in the previous discussion, in the theory of maqāṣīd al-syarī'ah Munawir refers to the concept of maslāḥāh which was initiated by al-Ṭūfi which has the principle that if the public interest conflicts with the text of the Qur'ān, the public interest must take precedence.
In this case, the QS. 4: 11 according to Sjadzali contains maslāḥāh values for Muslims, especially for Muslims when the revelation was revealed. Because Allah cannot send down the verses of the Qur'ān without containing the value of maslāḥāh. However, as the times change and the development of society, the maslāḥāh value contained in the verse decreases and does not bring good to the Muslim community. Therefore, to achieve perfect maslāḥāhan, one solution that can be done is to give sons the inheritance rights equal to the daughters' inheritance rights. This method is seen as carrying more maslāḥāh value and contains true justice. Munawir also revealed that this is under the word of Allah in the QS.16: 90, which has the mission of giving trust to humans to intervene in determining and considering justice that can be felt by everyone. 56 53 Sjadzali, Reaktualisasi Hukum Islam, 93. Considering the case, the Prophet Muhammad SAW once stated that in buying and selling wheat, a measure of measure must be used because it followed the customs of the local community at that time. Then the custom changed. People no longer use measurements, but switch to scales. And the prophet was just silent watching the incident. The silence of the prophet is a sign of his approval.

The Comparison And Contrast Of Ibn 'Aṣūr And Munawir Sjadzali Interpretations
To address the inheritance verse, QS. 4: 11, Ibn 'Aṣūr and Munawir Sjadzali have points of similarities and differences as well. The similarity between the two is that in interpreting QS. 4: 11, Ibn 'Aṣūr and Munawir Sjadzali both use a historical approach by looking at the asbāb al-nuzūl verse and both use the maqāṣīd approach to find the moral ideal of the verse. Both agreed that the verse was revealed to pay more attention to women's rights. More than that, the verse also brings benefits for Muslims by giving equal rights between men and women in inheritance matters. Men have the right to inherit, as well as women, also have the right to inherit.
The point of these similarities, also gave birth to differences between Ibn 'Aṣūr and Munawir Sjadzali. The difference lies in the application of the maslāḥāh value of the verse. According to Ibn 'Aṣūr, QS. 4: 11 does indicate to pay more attention to women, but in the inheritance section, the rights of one son are equal to the share of two girls or 2:1. According to him, this division has shown the value of maslāḥāh considering that women before the revelation of the verse had no rights at all and were not considered. In contrast to Munawir Sjadzali, in fact, the maslāḥāh values contained in the text are adapted to the times, and the socio-cultural conditions in which he lives, by providing a 1:1 concept, namely that the share of boys is equal to the share of girls by reason of the role and position of women along the development of the era is relatively the same as the role of men.
From the explanation above, it can be seen that in addressing the inheritance verse, QS. 4: 11, Ibn 'Aṣūr and Munawir Sjadzali have points of similarities as well as differences. The similarity between the two is that in interpreting QS. 4: 11, Ibn 'Aṣūr and Munawir Sjadzali both use a historical approach by looking at the asbāb al-nuzūl verse and both use the maqāṣīd approach to find the moral ideal of the verse. The moral ideal and the purpose of the revelation of al-Nisa (4): 11 is the recommendation to give attention to women's rights. The existence of maslāḥāh values from before the verse was revealed, women did not receive any inheritance, until after the verse was revealed, and women's rights were considered by giving them half of the share of men. So that it can be drawn a common thread that at the present time along with the development of the times with the equalization of the roles of men and women and based on the principles of justice and the public interest, the law of 1:1 inheritance distribution for boys and girls can be applied. So get an equal share.
Observing at the differences in the way of an analysis carried out by Ibn 'Aṣūr and Munawir Sjadzali, it can be concluded that Ibn 'Aṣūr in taking a fatwa regarding inheritance verses, he understands that historically the revelation of the verse has brought maslāḥāh to the lives of Muslims by elevating the status of women over fulfillment of women's rights by giving them an inheritance. Meanwhile, according to Munawir Sjadzali, maslāḥāh in the determination of inheritance distribution is the value of justice. So, according to him, the fair should be with equal and equal distribution.
Regarding the fair value in the issue of the distribution of inheritance provisions, there are indeed many pros and cons from commentators from contemporary scholars, feminist figures, and Muslim scholars. According to those who are pro gender, they will understand the value of fairness with "equality and equality". Meanwhile, according to figures who tend to be moderate, they will understand that fair value does not have to be the same, but is proportional to the rights and obligations of men and women.
As for the mention of numbers in the Qur'ān in the provisions of inheritance law, it shows that it is sensitive and gives rise to many opinions so that its application to the lives of the people is also different. However, in the current context, the main basis for distributing inheritance is deliberation with the local wisdom of each family to avoid conflicts between families and to achieve maslāḥāh (peace of life) among family members.

Conclusion
The discussion in this paper concludes that Ibn 'Aṣūr and Munawir Sjadzali both agree that the revelation of QS. 4: 11 has a moral message (maqāshid) to elevate the status of women by giving inheritance rights. However, for the value of the inheritance obtained by each of them, these two reviewers of the Qur'ān have different opinions in the application of their interpretation.
Ibn 'Aṣūr's interpretation of QS. 4: 11 uses two methods, namely the historical approach (asbāb al-nuzūl) and the maqāṣīd al-syarī'ah approach. Based on asbāb alnuzūl, the verse was revealed in connection with the previous verse, namely al-Nisa' verse 7 that boys and girls are equally entitled to inherit the inheritance of their families with a predetermined share, namely 2/1, children twice as many boys as girls.
While the maqāṣīd value of the verse is the existence of maslāḥāh values by taking into account the rights of women which were previously not considered at all.
Munawir Sjadzali's interpretation of QS. 4: 11 uses 4 approaches. Namely asbāb al-nuzūl, naskh mansūkh, costomary law, and maqāṣīd al-syarī'ah. He explained the verse was revealed to elevate the status of women by giving an inheritance from their family inheritance with an equal share with men, i.e. 1/1. The concept of division is considered maslāḥāh because it contains the spirit of justice. And according to Munawir, along with the times, a muamalah law, including inheritance issues may change according to the situation, conditions, and the place where the law is enforced by prioritizing the maslāḥāh principle.