Publication Search

72,210 articles from 658 journals · 2,111 citations tracked

Showing 1-3 of 3

Analytics

Qorri Asyifah; Quratul A’yun; Qurratul Aini; Ridwal Trisoni; Muhamad Yahya

Hikmah : Jurnal Studi Pendidikan Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

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.

Grace Claudia Valerina Saragih; Kevin Cornelius Manurung; Mhiranda Theresia Sitorus; Syuratty Astuti Rahayu Manalu

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Awaluddinul Akbar , Muhammad; Wahyudin, Wahyudin; Darwis , Robi; Syahrul, Syahrul; Zuhra, Zuhra

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Background: Islamic inheritance law represents a critical component of family law systems that extends beyond religious obligations to encompass significant socio-economic implications for asset distribution and intergenerational justice. While Malaysia and Brunei Darussalam have both incorporated Islamic law into their national legal frameworks, their implementation approaches demonstrate fundamental structural and procedural differences that warrant systematic comparative analysis. Objective: This study examines the institutional frameworks and implementation effectiveness of Islamic inheritance law systems in Malaysia and Brunei Darussalam, analyzing how constitutional arrangements and governmental approaches influence the practical application of faraid principles. Methods: This research employs a normative legal methodology utilizing comparative analysis of legal frameworks, institutional structures, and judicial decisions. The study analyzes primary legal sources including constitutional provisions, statutory laws, court decisions, and administrative guidelines from both jurisdictions. Data collection encompassed library research examining fiqh literature, national legislation, official documents, scholarly articles, and religious legal opinions. Theoretical frameworks of legal pluralism (Romano-Gierke), Maqasid al-Shariah, and Hartian legal positivism provide analytical foundations for institutional effectiveness assessment. Results: Malaysia's dual legal system creates jurisdictional tensions between Syariah and civil courts, particularly regarding immovable property administration, resulting in administrative complexity and legal uncertainty that undermines Islamic law effectiveness. Conversely, Brunei's centralized Islamic legal framework demonstrates superior institutional coherence through exclusive Syariah court jurisdiction, enabling direct faraid implementation without inter-court conflicts. The study reveals that approximately RM42 billion in Muslim inheritance remains undistributed in Malaysia due to systematic administrative failures, while Brunei's unified approach achieves greater legal certainty and administrative efficiency. Conclusions: Institutional structures fundamentally determine Islamic inheritance law implementation effectiveness in contemporary Muslim societies. Successful Islamic law implementation requires comprehensive institutional support aligning legal structures with religious objectives rather than mere constitutional recognition. Malaysia's fragmented system inadvertently undermines Islamic law's divine authority through secular intervention, while Brunei's unified approach enhances religious legitimacy and community compliance.