The Position of Female Instrumentary Witnesses in the Creation of Notarial Deeds from the Perspective of Islamic Law

Objective: This study aims to investigate the position of female instrument witnesses in the creation of notarial deeds from the perspective of Islamic law. Theoretical Framework: In this topic, the Sharia business currently is growing rapidly, and one important aspect of this business is the role of notaries in creating authentic deeds as written evidence in every legal relationship. Method: The methodology adopted for this research was normative juridical research with an statutory approach, the conceptual approach, and the historical approach. This research also uses library studies to obtain primary and secondary legal materials. Results and Discussion: The results obtained revealed this model is considered refer to the views of contemporary fiqh scholars. This is permissible considering that the testimony of men and women is equal. Research Implications: This research's practical and theoretical implications are discussed, including how the results of In the practice of creating deeds for Sharia-compliant businesses, the witnesses are usually the employees at the notary's office, whether male or female. So the imbalance between male and female witnesses has implications for the validity of instrumental witnesses in the creation of deeds from the perspective of Islamic law. Originality/Value: This research contributes to the literature is novelty because it was researched and studied in Indonesia, so it has its own uniqueness in the validity of instrumental witnesses in the creation of deeds from the perspective of Islamic law and has the opportunity to become a research reference for other researchers future.