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All Journal DE JURE EGALITA Al-Ahkam MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Al-Ahwal: Jurnal Hukum Keluarga Islam JURISDICTIE Jurnal Hukum dan Syariah Istinbath: Jurnal Hukum dan Ekonomi Islam Asy-Syariah Proceedings of Annual Conference for Muslim Scholars Sakina: Journal of Family Studies Tebuireng: Journal of Islamic Studies and Society SINDA: Comprehensive Journal of Islamic Social Studies Kalosara: Family Law Review AHKAM : Jurnal Hukum Islam dan Humaniora Muslim Heritage Arsy
Abd. Rouf, Abd.
SMPN 41 Surabaya
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Legal Status of Non-Muslim Heirs in Islamic Inheritance Law: A Comparative Study of Indonesia, Malaysia, and Egypt from the Perspective of al-Maqasid al-Shari’ah Setiani, Siti Afria Dwi; Rouf, Abd.
Tebuireng: Journal of Islamic Studies and Society Vol. 7 No. 1 (2026): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v7i1.12130

Abstract

This research is motivated by the differences in the regulation of the legal status of non-Muslim heirs in Islamic inheritance law across various Muslim countries, which continue to leave unresolved issues of justice within pluralistic societies. The main issue lies in the provisions of classical Islamic jurisprudence (fiqh), which regard differences in religion as an impediment to inheritance. However, in contemporary practice, various alternative mechanisms, such as wasiat wajibah (mandatory bequest), have emerged to address the need for justice in interfaith families. This study aims to analyze the legal status of non-Muslim heirs in Islamic inheritance law in Indonesia, Malaysia, and Egypt from the perspectives of maqāṣid al-syarī‘ah and justice. The method employed is normative legal research using a comparative legal approach and a conceptual approach based on maqāṣid al-syarī‘ah. The results of the study indicate that Indonesia accommodates non-Muslim heirs through the jurisprudence of wasiat wajibah, Malaysia maintains a conservative approach by rejecting interfaith inheritance and relying on hibah (inter vivos gifts), while Egypt has institutionalized wasiat wajibah through formal regulations. These differences reflect a shift from formal justice toward substantive justice in contemporary Islamic inheritance law.
Inheritance Justice in Substitute Heirs: A Comparative Study of Indonesia and Algeria Kifli, Muhammad; Rouf, Abd.
Tebuireng: Journal of Islamic Studies and Society Vol. 7 No. 1 (2026): Tebuireng: Journal of Islamic Studies and Society
Publisher : Fakultas Agama Islam, Universitas Hasyim Asy'ari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33752/tjiss.v7i1.12416

Abstract

Substitute inheritance is a form of reform in Islamic inheritance law in Indonesia that aims to provide protection to grandchildren whose parents predecease the testator. However, its provisions continue to generate debate regarding the limits of protection that can be provided to ensure fairness in inheritance distribution. This study aims, first, to compare the provisions for substitute inheritance in Article 185 of the Compilation of Islamic Law with the tanzil mechanism in the Algerian Code de la Famille. Second, analyze the relevance of the limitation of rights in the tanzil mechanism as a normative perspective to strengthen the implementation of distributive justice in the regulation of substitute inheritance in Indonesia. This study is a normative legal study with a statutory, conceptual, and comparative legal approach. Primary, secondary, and tertiary legal materials were analyzed qualitatively using prescriptive methods. The results show that both systems provide protection to grandchildren, but through different legal constructions. Substitute inheritance in Indonesia places grandchildren as substitutes for their parents, while tanzīl in Algeria, rights are granted to grandchildren through a special mechanism that includes restrictions in the form of a maximum share limit and takes into account gifts, bequests, or other gifts received from the testator during his lifetime. This comparison shows that the tanzil arrangement provides a more comprehensive limitation mechanism in realizing proportional inheritance distribution. This research contributes by offering normative developments for the regulation of substitute inheritance in Indonesia through the adoption of the principle of proportionality in the tanzil mechanism without changing the basic character of the Islamic inheritance system in Indonesia.
Pergeseran Hukum Waris Islam bagi Ahli Waris Non-Muslim: Studi Indonesia dan Malaysia Farodisa, Andiyah; Rouf, Abd.
AHKAM Vol 5 No 3 (2026): AHKAM: Jurnal Hukum Islam dan Humaniora
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i3.10931

Abstract

Although Islamic inheritance law for non-Muslim heirs has received attention in various previous studies, research that specifically discusses shifts in Indonesian jurisprudence and compares them with the Malaysian legal system remains limited. This study aims to analyze the shift in Islamic inheritance law for non-Muslim heirs in Indonesia and compare it with legal regulations in Malaysia. This study used a qualitative approach with a normative legal research design through conceptual, statutory, case, and comparative legal approaches. Data were collected through a literature review of classical Islamic jurisprudence, the Compilation of Islamic Law, Supreme Court decisions, Malaysian regulations, and related literature, and were then analyzed descriptively and analytically. The results show that Indonesia has experienced a shift in legal practice through the jurisprudence of obligatory bequests without positioning non-Muslim heirs as direct heirs. In contrast to Indonesia, Malaysia places greater emphasis on the normative-institutional separation between Muslim and non-Muslim inheritance law. These findings broaden the understanding of the flexibility of Islamic inheritance law in plural societies. The conclusion of this study affirms that obligatory bequests serve as an instrument of family justice in the context of religious differences, although normative strengthening is still needed to ensure legal certainty. The implications of this study provide a theoretical contribution to the development of Islamic inheritance law studies and practical implications for the formulation of Islamic family law policies that are more responsive to the realities of plural societies.
Co-Authors Ahmad Izzuddin Alfarizi, Muhammad Salman Arfiana, Shinta Nurul Arifandi, Saddam Barkah, Mochamad Riskana Cholil, Mufidah Djazilan, Sukron Fachry, Moch Ifan Farodisa, Andiyah Irfan, Moh. Kifli, Muhammad Kusnadi, Egi Hadi Ma'mun, Adam Sukron Mufidah Ch MUHAMMAD FAHMI Nanang Zamroji Ni’ami, Mohammad Fauzan Nu'man, Moh Prasetia, Senata Adi Pratama, Mohammad Putra Prayudi Rahmatullah Qosim, Muh. Qosim Rosyadi, Zainal Saifullah, Ainan Husnaa binti Muhammad Samudin, Siti Aisyah binti Setiani, Siti Afria Dwi sobri, ahmad mulki Su’udi, Muhammad Arif Syaifuddin . Zaman, Jamrud Qomaruz