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The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

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.

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

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.

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.

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.

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.

The sulang-sulang hariapan tradition is a significant cultural heritage of the Batak Toba community that embodies values of love, respect for elders, family reconciliation, equitable inheritance distribution, and leadership regeneration. The ritual is traditionally performed by offering food to parents who have reached the status of saur matua, symbolizing gratitude and respect. It is also accompanied by requests for blessings, advice, and public acknowledgment of mistakes, thus fostering peace, forgiveness, and social harmony within the community. However, in contemporary practice, the meaning of this tradition has gradually shifted toward a more formalized ceremony that emphasizes social status rather than its original spiritual and communal values. This study employs descriptive qualitative methods, combining field research with theological reflection, to examine how the values inherent in sulang-sulang hariapan can be understood in the light of the Gospel. The findings indicate that the tradition has profound potential to serve as a contextual medium for Christian faith expression. Therefore, it is crucial to revitalize its theological meaning so that the tradition remains relevant and transformative in strengthening family bonds and nurturing leadership in the modern era.

In inheritance law, the Qur’an typically stipulates a 2:1 distribution, where men receive two parts and women one. This division is often justified by the idea that men are responsible for earning a living, with women not typically involved in financial support. However, feminist exegete Amina Wadud argues that this distribution is not based on justice. She emphasizes that the primary consideration in inheritance should be the benefits the heirs will receive, rather than gender. This study aims to analyze inheritance distribution in Qs. al-Nisā’ verses 11-12 from Amina Wadud's feminist perspective, specifically her critique of the 2:1 ratio. The study is a qualitative library research study titled "Inheritance in the Review of Justice and Benefit Perspective Amina Wadud." The primary source is Wadud's book Women in the Qur'an and the Qur'an According to Women, with secondary sources drawn from related articles and journals. The findings indicate that while the Qur'an generally assigns men a larger share, inheritance is not always distributed in a 2:1 ratio. The division varies depending on factors such as family relationships, with sometimes equal shares (1:1) or a different distribution (1:2), prioritizing justice and the benefits of the heirs.

Family conflicts triggered by inheritance distribution issues are a common phenomenon in society, primarily due to a lack of understanding of applicable inheritance laws, both according to Islamic law and positive law in Indonesia. This community service activity aims to provide inheritance law education to members of a religious study group in Medan Johor District as a preventative measure against potential family conflicts. Implementation methods included lectures, interactive discussions, and relevant case studies, with legal experts as resource persons. The results of the activity showed an increased understanding of the participants regarding the basic principles of inheritance law and the importance of open communication within families regarding the distribution of inheritance. This education is expected to be the first step in building legal awareness and realizing family harmony in the Medan Johor community.

This study aims to examine and compare the practices of inheritance distribution in Kwaron and Grogol Villages, Diwek District, Jombang Regency, from the perspectives of the Compilation of Islamic Law (KHI) and Civil Law. This qualitative research adopts a case study approach, collecting data through in-depth interviews, field observations, and document studies. The findings indicate significant differences in inheritance distribution practices between the two villages, influenced by social, cultural, and legal interpretive factors. The study also finds that legal ambiguity and limited public understanding of inheritance law often lead to conflicts. Moreover, it reveals that mediation and conflict resolution through customary and religious approaches tend to be more effective than formal legal processes. The study recommends enhancing public awareness of inheritance law and developing more integrative conflict resolution mechanisms.

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 discusses the practice of inheritance distribution before the parents' death among the Muslim community in Medan Tembung District. This phenomenon reflects the dynamic interplay between Islamic law, customary law, and social practices in the division of inheritance. According to Islamic law, inheritance can only be distributed after the death of the testator. However, in Medan Tembung, early distribution is often carried out to avoid conflicts among heirs. This research uses a socio-legal approach with an empirical method based on field observations. The findings show that the community applies three inheritance systems: individual, matrilineal, and parental/bilateral. The distribution is conducted through hibah (grants) or wasiat (wills), typically documented in a written statement and often legalized by local community leaders or notaries. Cultural factors, education levels, and legal awareness significantly influence the variation in distribution systems. Most families still distinguish between the inheritance shares of sons and daughters, with sons typically receiving a larger portion. Community leaders play a vital role in mediating disputes, and if consensus is not reached, legal channels are pursued. These findings highlight the importance of legal education and the need for synergy among religious law, customary practices, and state law to ensure fairness in inheritance distribution.

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.

In the community of Langkuru Village, Pureman District, Alor Regency, there are often illegitimate children who cause problems because they become a topic of discussion in the community. The process of resolving illegitimate children can be carried out with national law or through customary law as is done by the community of Langkuru Village, East Nusa Tenggara (NTT). The settlement of illegitimate children according to customary law in Langkuru Village, Pureman District, Alor Regency, East Nusa Tenggara, is usually resolved in the Customary Warehouse (langwah) because the Customary Warehouse (langwah) is a place of peace for customary problems and never has to get a court decision because basically the residents of Langkuru Village can resolve it by mutual agreement, either a joint agreement with the family or a joint agreement according to custom. The position of illegitimate children in the distribution of inheritance in Langkuru Village remains the same as the distribution of inheritance against legitimate because it adheres to the matrilineal customary system. This type of research uses an empirical legal research type with a sociological legal approach and primary data sources and secondary data are then analyzed descriptively qualitatively.

Every human being will experience death, and will leave his property to his heirs. Indonesia adheres to three inheritance law systems, namely Islamic inheritance law, customary inheritance law, and western inheritance law (Burgerlijk Watboek). Customary inheritance law is a hereditary belief that regulates the distribution of wealth, both material and immaterial, to heirs. Toraja society adheres to a patrilineal system in its customary inheritance law, where inheritance rights are inherited through the male lineage. The Toraja traditional inheritance system has two main concepts, namely pa'tallang and pa'rinding. Pa'tallang Refers to the process of dividing inherited assets based on sacrifices made by the heirs during the testator's lifetime. The greater the sacrifice made, the greater the inheritance rights obtained. Meanwhile, pa'rinding is related to animal sacrifice during death ceremonies, which is also a determining factor in the distribution of inheritance. The results of the research show that adopted children who are recognized by custom can receive almost the same inheritance as their biological children, especially if the deceased person does not have biological children. In addition, biological children who do not participate in this ceremony may face serious consequences in terms of their inheritance rights, which can lead to reduced rights or even loss of inheritance rights altogether.  

Indonesia, as a rule-of-law state (rechstaat), regulates the life of the nation and state based on law, as reflected in the provisions of civil law that govern relationships between individuals, including matters of inheritance. Inheritance distribution in Indonesia follows various legal systems, such as Islamic inheritance law, civil inheritance law, and customary law, each with different principles and rules. Inherited assets include a wide range of properties, such as movable and immovable assets, property rights, debts, money, businesses, and wills. In practice, the distribution of inheritance in Indonesia often involves an administrative process requiring a Certificate of Inheritance Rights (Surat Keterangan Hak Waris or SKHW) to verify who is entitled to inherit and the share each heir is entitled to receive. This study aims to educate the public, particularly customers of Bank Rakyat Indonesia, about inheritance law and the procedures involved. Additionally, the research highlights the crucial role of notaries as Land Deed Officials (Pejabat Pembuat Akta Tanah, PPAT) in the legalisation of inheritance ownership, particularly concerning the management of land certificates and other legal documents. Through community service conducted at the Bank Rakyat Indonesia (BRI) branch in Central Semarang, this study educates the public on inheritance rights and the role of notaries in ensuring the legal validity of inheritance distribution in accordance with applicable laws. Indonesia's plural inheritance law system provides flexibility in choosing the applicable legal system, whether Islamic law, civil law, or customary law. In the case of disputes, notaries play a role in resolving conflicts by creating peace agreements, cancellation deeds, or waivers of claim deeds. This study is expected to help the public better understand inheritance law and the role of notaries in ensuring that inheritance rights are distributed fairly and legally in accordance with the prevailing laws.

Batak Toba is a tribe with strong customs in Indonesia. One of the applicable values ​​and norms is regarding the process of dividing inheritance among descendants. The existence of male descendants in Toba Batak society is very important to continue the clan. However, not all family members have male offspring. So, the tradition of buying clan (manuhor clan) emerged to overcome this. This phenomenon gives rise to differences in the distribution of inheritance for biological male descendants and male descendants of the clan. This writing provides an understanding of the legal review of the process of dividing customary inheritance for biological male descendants and sons belonging to the clan in Batak Toba. This problem will be studied using normative methods with the perspective of Toba Batak traditional inheritance law through legal studies, journals and research that has been carried out by previous researchers. This writing discusses the implementation of inheritance distribution between biological sons and sons who bear the clan in Batak Toba based on previous research analysis and community customs. The originality of this research explains the role of customary inheritance law that applies in the Toba Batak community in the process of dividing inheritance between biological sons and sons of the clan by showing the similarities and differences that occur.    

Inheritance distribution in Islam is one of the legal aspects regulated in detail in the Qur'an, hadith, and fiqh. Islamic inheritance law aims to provide justice and order in the distribution of a person's inheritance after death. This discussion is not only limited to the rights and obligations of heirs, but also includes dispute resolution mechanisms in various social and cultural contexts. In practice, inheritance problems from Muslims also intersect with non-Muslims, which can give rise to different perceptions among heirs or children of heirs who are not included in the heir group but receive a mandatory will in accordance with the provisions of positive law in relation to the distribution of inheritance of Muslims. In this study, the problem raised is how is the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents, a case study of the Tigaraksa Religious Court decision Number: 1657/Pdt.G/2020/PA.Tgrs dated November 25, 2020. The purpose of this study was to determine the distribution of inheritance to non-Muslim children who receive mandatory testamentary rights over the inheritance of their Muslim parents. The results of the study showed that even though they do not have the status of heirs, non-Muslim children of the testator receive a mandatory testamentary share from the inheritance of their deceased parents (Heir) which does not exceed the share of the smallest heir or is equal to the share of the inheritance of a daughter. The inheritance is reduced by the testator's debt and is then divided into two parts, part of which is the joint property of the Heir and his wife, then the inheritance rights and mandatory testamentary rights are divided.

The meeting of foreign elements resulted from a relationship between foreign citizens (WNA) and Indonesian citizens (WNI) which resulted in the occurrence of International Private Law. Until now, the problem that can occur due to the existence of these two elements is regarding the status of children from extramarital relationships between foreigners and Indonesian citizens. This will happen because there are many considerations regarding the child's status, such as the laws of the country where the child was born and the laws of the country where both parents come from. There are a number of countries that adopt the jus soli principle, which means that the child will be considered a citizen of the country where he was born. This is different from other countries that apply the jus sanguinis principle, which means that the child will obtain citizenship status from one or both parents, regardless of where the child was born. Seeing this problem, this research discusses the status of the child if this occurs because a relationship is not registered as a marriage relationship. Then there is another discussion regarding the distribution of inheritance if the marriage relationship is not recorded. In this research, the method applied is the normative juridical method by looking at existing data and presenting it descriptively. It is hoped that with this research readers will be able to understand and add information related to the research.