Syafi’i Syafi’i
Universitas Islam Negeri Syarif Hidayatullah Jakarta

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Judicial Ijtihād and Maqāṣid-Based Adjudication in Interfaith Inheritance: Reconstructing Wasiat Wajibah in Indonesian Islamic Law Siti Ropiah; Syafi’i Syafi’i; Abdul Rahim; Hisam Ahyani; Miftakhul Huda; Salisu Muhammad Gumel
Asy-Syari'ah Vol. 28 No. 1 (2026): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v28i1.52572

Abstract

Abstract: Islamic inheritance law in Indonesia encounters persistent normative tension when applied to interfaith family structures. Classical farāʾiḍ doctrine categorically prohibits inheritance across religious boundaries, a rule that frequently generates substantive injustice within plural legal and social contexts. In response, Indonesian Supreme Court jurisprudence has progressively developed wasiat wajibah (mandatory will) as a judicial mechanism for protecting non-Muslim family members who are excluded from intestate succession. Therefore, this study aimed to examine the jurisprudential development, legal construction, and normative limits of wasiat wajibah through doctrinal analysis of authoritative Supreme Court decisions issued between 1995 and 2018, supported by statutory interpretation and relevant Islamic legal scholarship. A normative-juridical approach was adopted, incorporating doctrinal, jurisprudential, and comparative legal analysis, while a limited empirical interview with a Religious Court judge was included solely to provide contextual illustration rather than as representative evidence of national judicial practice. The results showed that Indonesian courts have gradually transformed wasiat wajibah from a discretionary equitable remedy into an institutionalised judicial doctrine applied through purposive interpretation, subject to a one-third quantitative limitation and procedural safeguards. The analysis further indicated that this jurisprudential development reflects a form of judicial ijtihād qadhaʾī grounded in maqāṣid al-sharīʿah, particularly the protection of wealth, family integrity, and human dignity. At the same time, an unresolved normative issue was identified concerning the judicial extension of Article 209 of the Compilation of Islamic Law to non-Muslim beneficiaries, indicating continuing debates over the scope of judicial law-making (rechtsvorming) within Indonesian Islamic inheritance law. Indonesian courts use wasiat wajibah, a supplementary legal mechanism designed to reconcile classical inheritance doctrine with substantive justice in a plural legal system, instead of redefining non-Muslims as legal heirs.
Religious Norms and Social Realities: Gender Dynamics in Islamic Inheritance Distribution in Contemporary Indonesia Siti Ropiah; Syafi’i Syafi’i
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 13 No. 2 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v13i2.14745

Abstract

This study analyzes the relationship between Islamic inheritance law (faraid), social practices, and gender construction in contemporary Indonesian Muslim society. The primary objective of this research is to examine how Islamic inheritance law is implemented within a dynamic social context and how gender influences the process of inheritance distribution within families. The study employs a qualitative method with an Islamic legal sociology approach. Data were collected through in-depth interviews, observation, and documentation and were analyzed using an interactive analysis technique consisting of data reduction, data display, and conclusion drawing. The findings reveal that the implementation of faraid does not occur mechanically but rather through a process of family deliberation influenced by economic conditions and social relationships. The study also finds that changes in the social and economic roles of women affect how families perceive justice in inheritance distribution. Justice is no longer understood solely as compliance with normative inheritance formulas but also as the ability of inheritance distribution to promote welfare, maintain family harmony, and accommodate the needs of heirs. These findings indicate that inheritance practices among Indonesian Muslims represent a form of living law that emerges from the interaction between religious norms, social realities, and gender construction. This study has implications for strengthening the perspective of Islamic legal sociology in understanding the dynamics of inheritance law in contemporary Muslim societies. Islamic inheritance law functions not only as a normative legal system but also as a social system that adapts to changes in family structures and the evolving roles of gender. Therefore, understanding inheritance practices requires an approach that is not only text-oriented but also attentive to the social context in which the law operates.