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This study analyzes the implementation of Islamic inheritance law (mawaris) in contemporary Muslim society as a means to realize justice and blessing (barakah) in the distribution of inherited wealth. The research is motivated by the growing number of inheritance disputes caused by limited understanding of faraid principles, the persistence of customary inheritance practices, and the coexistence of national legal systems that often diverge from Islamic inheritance regulations. These conditions frequently lead to unequal distribution and family conflicts. The study aims to examine the relevance of mawaris in modern contexts and to explore how its application, when aligned with the objectives of Islamic law (maqasid al-shariah), can address current social challenges. Employing a qualitative method with a normative library research approach, the study draws on primary sources such as the Qur’an, Hadith, and classical fiqh texts, as well as secondary sources including contemporary books and scholarly journal articles. Data were analyzed through content analysis to identify key concepts and arguments regarding the contemporary application of mawaris. The findings show that proper implementation of Islamic inheritance law fosters justice, minimizes family disputes, strengthens kinship ties, and safeguards the blessing of wealth. Nevertheless, insufficient public literacy on Islamic inheritance law and the dominance of non-sharia considerations remain significant barriers. Therefore, the study underscores the need for enhanced public education, greater involvement of religious scholars in inheritance mediation, and contextual integration of Islamic legal principles to ensure fair and beneficial inheritance distribution in modern Muslim families.

The pluralistic development of Indonesian national law creates a dynamic relationship between national civil law and customary law, including in the context of resolving inheritance disputes in Chinese families who adhere to patrilineal traditions. Supreme Court Decision No. 1204 K/Pdt/2024 shows that there is a tension between legal certainty under the Civil Code and substantive justice originating from living law. This research aims to analyze the judge's interpretation of family documents as a basis for inheritance rejection, inheritance sharing mechanisms that ignore Chinese customary norms, and their implications for legal pluralism in Indonesia. The method used is normative juridical with a case study approach and a descriptive-analytical legislative approach, using literature studies of primary, secondary and tertiary legal materials. The results showed that the ruling applied neither the Civil Code nor the principle of Chinese customary inheritance consistently. The family declaration on which the judge relied was not actually a refusal of inheritance, but an internal agreement granting authority to the testator. Moreover, the distribution of inheritance carried out is not in accordance with the principle of patrilineal custom which places the eldest son as the recipient of the largest share. This finding shows the weak application of legal pluralism (weak legal pluralism) and reveals the gap between das sollen and das sein, so it is necessary to strengthen the role of judges in exploring the traditional values that live in society.

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Indonesia’s civil dispute resolution system remains dominated by an adversarial litigation model that prioritizes legal certainty but often neglects the relational and emotional dimensions underlying conflicts. Yet, in many cases such as family, inheritance, or neighborhood disputes the restoration of social relationships is as crucial as formal legal resolution. This study explores the potential integration of restorative justice principles into Indonesia’s civil procedural law as an alternative approach centered on dialogue, accountability, and reconciliation. Employing a normative-juridical approach and qualitative analysis of primary and secondary legal sources, the research finds that restorative justice values align not only with Indonesia’s living law traditions such as musyawarah (deliberative consensus) and customary dispute resolution but also with existing provisions in civil procedure codes. Accordingly, the study proposes the Structured Restorative Mediation (SRM) Model, a procedural framework that embeds restorative principles into both court-annexed and community-based mediation. This model prioritizes relational healing while upholding legal certainty and procedural fairness. Its successful implementation requires regulatory support, enhanced mediator training, and institutional strengthening of community-based dispute resolution bodies. Thus, integrating restorative justice is not merely an innovation but a structural necessity for a more humane, inclusive, and holistically just legal system.

This research examines the legal vulnerability of Foundation assets whose land title certificates (SHGB) are still registered under the name of the founder or management, which can lead to disputes after the founder's death. The case of Vihara Thien En Thang reflects this issue, where conflict arose when the founder's heirs claimed the land as part of the inheritance. Through false statements, they successfully issued a Replacement HGB Certificate, while the original certificate was still held by the Foundation. The main objective of this research is to analyze the legal status of the deed of gift made by the founder to the Foundation and the legal implications of issuing the Replacement HGB Certificate based on false data. This study uses a normative legal method (juridical normative), with a statute approach and conceptual approach. Secondary data, consisting of primary, secondary, and tertiary legal sources, was collected through literature study and analyzed descriptively and qualitatively. Thus, this research aims to provide an understanding of its vulnerabilities and offer recommendations for protecting the legitimate assets of the Foundation.

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

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.

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.

This study discusses the discourse of fiqh al-nawāzil which is rooted in the fundamental disparity between Islamic Family Law (classical inheritance and will law) and Contemporary Law (Hajj queue regulation Law No. 8 of 2019 and fiat of the transfer of one person to the Director General of PHU No. 130 of 2020). This background raises a normative dilemma when the right to worship (al-haq al-'ibādi) is threatened with forfeiture because classical instruments clash with the principle of lā waṣiyyata li wārith and the limits of al-thuluth. The main purpose of this research is to propose a Mandatory Will as a transformative solution of Islamic Law to provide a fair and strong sharia foundation for the existing state administrative policies. The method used is Fiqh al-Nawāzil with the approach of Istislah (Maslahah Mursalah) and Qiyās Istiḥsānī, which places the portion of Hajj as an obligation that must be fulfilled (al-wājib al-waṣiyyah) equivalent to debt, so that it can methodologically neutralize the limitation of classical inheritance. The conclusion shows that the Obligatory Will has succeeded in bridging this conflict, providing a Legal Impact in the form of modernizing Islamic Family Law, and affirming the ability of Islamic Law to realize maqāṣid al-sharī'ah (ḥifẓ al-dīn and ḥifẓ al-māl) in the contemporary era. The recommendation urges that amendments to the Compilation of Islamic Law (KHI) and hajj regulations (including the strengthening of Kepdirjen 130/2020) be immediately carried out to institutionalize the Obligatory Will, accompanied by the DSN/MUI Fatwa to prevent the commercialization (tadāwul) of the hajj portion and ensure substantive justice for the heirs.

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

This research seeks to examine how changes in citizenship influence the legal validity of marriage, emphasizing both juridical aspects and practical implications. In an era of globalization and increased international mobility, the phenomenon of changing or losing citizenship has become more frequent. The legal consequences of such changes for marital validity represent a crucial area that demands comprehensive analysis, particularly in relation to national and international marriage laws. The study combines an international literature review with empirical data and legal analysis derived from the works of Mr. Mustain, a lecturer at UIN Raden Mas Said Surakarta. Findings reveal that a shift in citizenship can alter the legal standing of a marriage, generate legal ambiguities, and influence family rights such as child custody and inheritance. To address these issues, regulatory harmonization, the proactive engagement of religious authorities, and legal reform at the national level are essential to ensure adequate legal protection for couples undergoing citizenship transitions. Employing a library research method with a qualitative-normative approach, this study analyzes statutory provisions, judicial rulings, and relevant scholarly sources. The findings underscore that citizenship alteration may impact the legality of marriage, particularly when legal systems differ between the country of origin and the newly acquired nationality. In summary, citizenship changes can lead to legal uncertainty regarding marital validity, underscoring the need for legal harmonization and clear protective frameworks for affected couples. This research thus contributes significantly to the discourse on marriage law and citizenship policy development.

Family waqf is a classic instrument in Islamic economics that plays a crucial role in maintaining wealth sustainability and intergenerational well-being. However, its application in the context of modern law and economics still faces various challenges, such as overlap with Islamic inheritance law (farāʾiḍ), limited regulations, and weak governance. This article aims to systematically review the academic literature on the revival of the family waqf concept in the context of contemporary Islamic law, modern governance, and its potential contribution to wealth preservation. The approach used is a Systematic Literature Review (SLR) using the PRISMA method, covering studies from 2000–2025 from various sources indexed by Scopus, DOAJ, and Google Scholar. The results of the study indicate that regulatory modernization, integration with the Islamic financial system, and the implementation of technology-based governance are key factors in reviving the role of family waqf as an instrument of social justice and economic sustainability for the community.

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

Family businesses are not only viewed as sources of economic profit but also as inheritances carrying historical and cultural values. This study focuses on the life meaning of the fourth-generation heir of Sate In Bur in Lima Puluh Kota Regency in continuing the family business that has existed for several decades. The purpose of this research is to explore the subjective meaning formed through the heir’s experiences in facing the challenges of maintaining a family enterprise. This study employs a qualitative method with a phenomenological approach to deeply understand the reality experienced by the subject. The research subject was selected purposively based on the criterion of being an active heir currently managing the business. Data were collected through in-depth interviews and documentation, then analyzed using the interactive model of Miles, Huberman, and Saldaña. The findings reveal five main themes: facing declining income due to market competition, expanding business reach through innovation and digital promotion, strengthening business continuity as a moral responsibility to the family, preserving culinary heritage and local culture, and improving product quality to maintain customer loyalty. These findings indicate that the heir’s life meaning is not solely oriented toward economic aspects but also encompasses family values, cultural identity, and social responsibility in sustaining the longevity of the family business.

Inheritance involving adopted children often becomes a complex and controversial issue in Indonesia’s dual legal system. In Islamic law, inheritance is strictly based on blood and marital relationships; therefore, adopted children are not considered legal heirs. To address this limitation, Article 209 of the Compilation of Islamic Law (KHI) introduces the concept of a wasiat wajibah or mandatory will, allowing adopted children to receive up to one-third of the adoptive parents’ estate. In contrast, civil law treats adopted children as equivalent to biological children if the adoption is legally recognized, granting them full inheritance rights. These contrasting provisions create legal disparities and confusion within society. This study aims to explore the different legal treatments of adopted children under both systems, identify the challenges they face, and analyze efforts toward harmonization. Using a qualitative, normative-juridical approach through literature and regulatory analysis, the study finds that Islamic law restricts inheritance through gifts and wills, while civil law ensures equal rights. Challenges include legal uncertainty, inconsistent judicial interpretations, and potential conflicts between adopted and biological heirs. Harmonization efforts are reflected in KHI provisions, legal reforms on adoption, and judicial practices seeking to balance sharia principles, social justice, and legal certainty.