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All Journal AHKAM : Jurnal Hukum Islam dan Humaniora Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Heriandi Heriandi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Pembagian Harta Warisan Sebelum Orang Tua Meninggal: Studi Kasus Masyarakat Muslim Kecamatan Medan Tembung Heriandi Heriandi; Zainul Aziz Nasution; Akmaluddin Syahputra; Iwan Iwan
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 2 No. 3 (2025): September: TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v2i3.222

Abstract

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.
Isu Gender dalam Reformasi Hukum Perkawinan di Negara-Negara Islam Tengku Rizki Rahman; Heriandi Heriandi; Ibnu Radwan Siddik Turnip; Rahmad Efendi
AHKAM Vol 5 No 1 (2026): MARET
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i1.8877

Abstract

Although marriage law reform in Muslim-majority countries has received sustained academic attention, studies that systematically classify reform trajectories based on the interaction between the legitimacy of sharīʿa, state authority, and gender justice remain relatively limited. This study aimed to analyze how Muslim states negotiate women’s rights in Islamic family law through different models of legal reform. Employing a qualitative, historical–comparative approach in legal studies, it examines statutory texts, judicial practice, and law reform policies in selected Muslim-majority jurisdictions. Data were obtained from primary legislation, court decisions, and authoritative secondary literature and were analyzed using comparative legal reasoning and thematic analysis. The findings identify three main reform models. The conservative–traditional model, evident in Saudi Arabia, Pakistan, and several Gulf states, maintains classical fiqh with minimal state intervention, thereby perpetuating hierarchical gender relations. The moderate–codificatory model, implemented in Egypt, Morocco, Jordan, and Indonesia, selectively modifies fiqh through state codification and judicial oversight, enabling incremental gender reform. The secular–progressive model, as exemplified by Turkey and Tunisia, reconstructs family law by discarding sharīʿa as the basis of state law, abolishing male guardianship, prohibiting polygamy, and institutionalizing more gender-equal forms of divorce. This study concludes that Islamic marriage law reform does not move linearly toward secularization but rather produces a spectrum of normative arrangements shaped by configurations of political authority, interpretive choices in law, and evolving gender discourses. These findings contribute to the development of comparative Islamic law theory and offer policy-relevant implications for the design and implementation of future family law reforms.
Co-Authors Akmaluddin Syahputra Faisar Ananda Arfa Ibnu Radwan Siddik Turnip Ibnu Radwan Siddiq Turnip Iwan Iwan Rahmad Efendi Tengku Rizki Rahman Zainul Aziz Nasution