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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Bulletin of Indonesian Islamic Studies
Nur Saniah
Sekolah Tinggi Agama Islam Negeri Mandailing Natal, Indonesia
Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Application of Substitute Heirs in Indonesian Islamic Inheritance Law: The Interplay of Fiqh, Customary Law, and Civil Law Nur Saniah; Titi Martini Harahap
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): 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.v12i2.11736

Abstract

The implementation of the concept of substitute heirs in the Indonesian Compilation of Islamic Law (KHI) has sparked significant debate, as this concept is not found in classical fiqh texts. Article 185 of the KHI stipulates that grandchildren, whose parents have passed away, can replace their parents’ position and inherit from their grandparents. While this concept is recognized in customary law and civil law, its application in religious courts is still influenced by varying interpretations. This study aims to analyze the implementation of Article 185 of the KHI regarding substitute heirs in legal practice in Indonesia, and to explore the juridical and philosophical foundations underlying it from the perspectives of fiqh, customary law, and civil law. The research method used is a normative legal approach with doctrinal analysis, examining relevant articles in the KHI and literature related to fiqh and civil law. Additionally, the study analyzes religious court rulings related to inheritance disputes involving substitute heirs. The findings of this study indicate that, while the provision regarding substitute heirs is recognized in the KHI, its application in religious courts is often debated, primarily due to differing interpretations and the influence of local traditions. Although the concept of substitute heirs is innovative, further clarification is needed to ensure greater justice. The implications of this research suggest the need for reform in the application of inheritance law regarding substitute heirs in Indonesia, so that it better aligns with the principles of social justice, family welfare, and the social realities of Indonesian society. Furthermore, integrating fiqh, customary law, and civil law principles more effectively in religious court practices could provide better protection for the inheritance rights of children who are left without parents.
Implementation of Communication and Maqāṣid al-Sharī‘ah in Increasing Economic Independence to Prevent Stunting Nur Saniah; Marlina Marlina; Ade Khadijatul Z. Hrp; Rahmat Rahmat
Bulletin of Indonesian Islamic Studies Vol. 4 No. 2 (2025): Bulletin of Indonesian Islamic Studies
Publisher : KURAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51214/biis.v4i2.1617

Abstract

This study aims to analyze the contribution of communication and the principles of Islamic law (maqāṣid al-sharī‘ah) in efforts to increase community economic independence, identify factors that influence multisectoral communication in stunting prevention, and explore the relationship between economic independence and stunting prevention. The locus of this research is Mandailing Natal Regency and Padangsidimpuan City, two areas in North Sumatra with high stunting rates. Maqāṣid al-sharī‘ah, which emphasizes the protection of religion, life, mind, descendants, and property, can provide a new approach to reducing stunting through increasing economic independence. A qualitative approach was used in this study, using the Focus Group Discussion (FGD) method to explore the views of the community and stakeholders. Increased economic independence contributes significantly to improving the nutritional status and health of children. Economic independence allows better access to nutritious food and health services, and increases parental knowledge about nutrition. Economic empowerment programs that focus on women can improve their social and economic status, which has a positive impact on childcare. Furthermore, greater economic independence improves families' ability to pay for health services and invest in children's education. The results of the study indicate that the synergy between communication activities and emphasizing the values ​​of Islamic law (maqāṣid al-sharī‘ah) in efforts to increase economic independence can contribute to reducing stunting rates. The application of communication principles and the maqāṣid al-sharī‘ah (Islamic principles) in economic empowerment programs focuses not only on stunting reduction but also on improving overall community welfare. Therefore, this research is expected to provide new insights into the importance of a holistic approach to stunting prevention that involves various sectors and sharia values.
Co-Authors Ade Khadijatul Z Harahap Marlina Marlina Rahmat Rahmat Titi Martini Harahap