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The family is the smallest unit in society, within which rights and obligations exist as in social life in general. In fulfilling individual needs and interests, conflicts often arise, including disputes over inheritance distribution. Inheritance refers to the property left behind by a deceased person, which must be distributed to entitled heirs in accordance with Islamic law or customary law applicable within the community. Problems frequently emerge regarding the position of substitute heirs, particularly nephews, within the Islamic inheritance system. This study entitled “Various Aspects of Family Law in Indonesia: The Problematics of the Position of Nephews as Substitute Heirs in Islamic Law” aims to examine the status of substitute heirs in inheritance distribution and to identify the conditions under which substitute heirs are recognized in Islamic law. The research employs a normative method with a library-based approach, analyzing classical fiqh literature and scholarly opinions. The data consist of primary and secondary sources collected through document study. The findings indicate that a substitute heir is recognized when the primary heir dies after the testator but before the inheritance has been distributed, allowing the substitute heir to receive the share in accordance with Islamic legal provisions.

Inheritance law in Indonesia is pluralistic because it is influenced by three legal systems, namely customary law, Islamic law, and western civil law (Burgerlijk Wetboek) which is a legacy of the Dutch colonial era and divides the population based on legal classes. This diversity of legal systems also influences inheritance practices in Chinese society which traditionally adheres to a patrilineal system, where sons are prioritized over daughters in the distribution of inheritance. This study aims to analyze the inheritance law regulations for Chinese society, the development of inheritance practices that occur, and the legal considerations used by judges in the Supreme Court Decision Number 147K/Pdt/2017. The research method used is normative-empirical legal research with a statutory approach, cases, and legal identification, as well as assessing the effectiveness of legal implementation through literature studies and interviews. The results of the study indicate that the Supreme Court decision confirms the equality of inheritance rights between sons and daughters. This marks a shift in the Chinese inheritance system from patrilineal customs to the application of the provisions of the Civil Code, which upholds the values ​​of justice and gender equality.

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

This study aims to examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.