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All Journal Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Rasham Armab Saikhu
University of the Punjab, Lahore, Pakistan
Religion Law, Crime, Criminology & Criminal Justice Other

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Legal Implications of Inheritance Distribution in Multicultural Families under Indonesia’s Islamic Law Cindra Kartika Mokodompit; Mutia Cherawaty Thalib; Nurul Fazri Elfikri; Rasham Armab Saikhu
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 2 (2026): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i2.515

Abstract

Inheritance distribution within multicultural families presents legal challenges due to the interaction between Islamic law, customary law, and civil law in Indonesia's plural legal system. Although the Compilation of Islamic Law (KHI) provides normative guidance for inheritance distribution among Muslims, its implementation frequently encounters socio-cultural dynamics that influence legal outcomes. Previous studies have primarily focused on normative Islamic inheritance law or legal pluralism in general, while limited attention has been given to the legal consequences of inheritance distribution in multicultural families under the KHI framework. This study aims to analyze the legal consequences of inheritance distribution in multicultural families from the perspective of the Compilation of Islamic Law. Employing normative legal research, the study applies statutory, conceptual, and case approaches, with qualitative analysis of legal materials comprising legislation, judicial decisions, and relevant legal doctrines. The findings reveal that inheritance distribution in multicultural families operates within a plural legal framework where Islamic law, civil law, and customary law interact dynamically. In practice, inheritance settlement frequently relies on family deliberation rather than strict adherence to the KHI, resulting in greater flexibility but reduced legal predictability. The study further demonstrates that judicial interpretation, including the application of wasiat wajibah, functions as an adaptive mechanism to reconcile legal certainty with substantive justice. This research contributes by linking normative inheritance provisions with social adaptation practices in multicultural family structures and offers a conceptual framework for balancing legal certainty and substantive justice within Indonesia's plural legal system. The findings enrich the discourse on Islamic inheritance law and provide practical guidance for resolving inheritance disputes in culturally diverse societies.
Legal Certainty and Legal Protection For Victims of Catcalling In Indonesia: A Critical Analysis of The Sexual Violence Crime Law And Maqāṣid Al-Sharī'ah Nurfadilah Djafar; Rusdiyanto Puluhulawa; Irl an Puluhulawa; Rasham Armab Saikhu
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 2 (2026): Juni
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i2.547

Abstract

Catcalling is one of the most common forms of non-physical sexual harassment in public spaces, yet legal protection for victims in Indonesia still faces various obstacles. Although Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence recognizes non-physical sexual harassment as a crime, there is no regulation that explicitly defines catcalling, resulting in normative ambiguity, legal uncertainty, and differences in interpretation in its enforcement. This study aims to analyze the legal regulations regarding catcalling in Indonesian positive law, identify obstacles to legal protection for victims, and examine it from the perspective of maqāṣid al-syarī'ah. The study uses a normative legal research method with a statutory, conceptual, comparative, and Islamic legal approach. Primary, secondary, and tertiary legal materials are analyzed qualitatively through grammatical, systematic, and teleological interpretations. The results show that the absence of a clear legal definition of catcalling means that legal protection does not fully fulfill the principles of legal certainty, particularly lex certa and lex stricta, so that law enforcement still relies on the interpretation of officials. Furthermore, difficulties in proving, gender bias in law enforcement, a culture of victim blaming, and the normalization of verbal sexual harassment further weaken protection for victims. From the perspective of maqāṣid al-syarī'ah, catcalling contradicts the principles of Hifz al-'Ird (protection of honor), Hifz al-Nafs (protection of life), and Hifz al-Karamah (protection of human dignity). This study offers a normative reconstruction of the regulation of catcalling through harmonization between the TPKS Law and the Criminal Code, while integrating positive law with Islamic legal principles to strengthen legal certainty and increase the effectiveness of legal protection for victims of verbal sexual harassment.
Co-Authors Cindra Kartika Mokodompit Irl an Puluhulawa Mutia Cherawaty Thalib Nurfadilah Djafar Nurul Fazri Elfikri Rusdiyanto Puluhulawa