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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Mazahib: Jurnal Pemikiran Hukum Islam Al-Istinbath: Jurnal Hukum Islam
Surwati, Surwati
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Gender Equality in Imamate Shia and Sunni Inheritance Jurisprudence: A Comparative Analysis of Legal Doctrines and Familial Relationships Elfia, Elfia; Surwati, Surwati; Nelli, Fitra; Fajri, Yan
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8381

Abstract

The issue of inheritance has always been a focal point in society, particularly when addressing the bilateral principle, which ensures property distribution to male and female heirs in Islamic law. The difference in inheritance rights between men and women remains a subject of debate in both Sunni and Shia applications. Shia inheritance law emphasizes equity by granting women recognized inheritance rights alongside men at all levels, while Sunni law follows specific Quranic guidelines that often result in unequal shares. Shia jurisprudence accords women the same status and rights as men in terms of their recognition as legitimate heirs within the family hierarchy. This research examines the mechanisms of inheritance distribution in Shia jurisprudence through a gendered lens, focusing on its implications for women's rights and their position in Islamic inheritance frameworks. This normative legal research adopts a gendered approach to Islamic inheritance law. The secondary data related to Sunni and Shia inheritance rules were traced manually and online from OJS websites. The data were analyzed using content analysis and then narrated through data reduction, display, and verification techniques. The research found that the Shia concept of inheritance distribution involves two categories of heirs: dzawil furudh (heirs with fixed shares) and qarabah (relative heirs). Heirs not included as dzawil furudh (heirs with fixed shares) as specified in the Qur'an and Hadith are classified as qarabah, which includes both male and female relatives based on proximity to the deceased. In determining their rights, Shia addresses the issue of gender while still applying the provisions of the texts regarding the share of men and women. Men and women at the levels of descendants (furu'), parents (ushul), siblings, and parents' siblings (hawasyi) have recognized inheritance rights, with shares determined based on Quranic guidelines. Second, Shia inheritance law consistently applies the bilateral principle, ensuring that women are granted inheritance rights alongside men in accordance with the Quranic 2:1 distribution ratio. This highlights that from a gender perspective, Shia jurisprudence demonstrates a more inclusive approach toward women's inheritance rights, emphasizing equity and recognition within its legal framework.
The Shift of Islamic Shari’a in Economy: Banks, Foreign Investment and the Ottoman Collapse Desmadi Saharuddin; Meirison, Meirison; Mansoer, Masri; Surwati, Surwati; Muhammadi, Qasem
Nurani Vol 25 No 1 (2025): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v25i1.24616

Abstract

At the height of the Ottoman Empire's glory, there was no need for a usury system, as it was prohibited by Islamic law. This Empire stands on an independent economy in line with Islamic law. Military agitation was everywhere; debt after debt appeared and even forced to borrow by donor countries and persuaded by Germany when World War I was about to erupt. This study aims to examine the shift in the role of Islamic law in the economy during the shaky Ottoman government in 1855-1923. This research is library-based with a qualitative approach; the information gathered comes from reviewing literature or written sources, such as books and previous studies, which are then processed and interpreted descriptively. We found that Banking in the Ottoman Empire was unnecessary because it was also not profitable for the Ottomans at a critical time. On the other hand, donor countries will benefit. Turkey is conditioned to continue to be in debt in various ways, such as rebellions in the Balkans, the Crimean War, and the last is world war I. The Debt Collection Agency (OPDA) has functioned as a collector of surplus natural resources and medium-sized industries in Turkey without the approval of the Government. They consist of foreign bankers with printed money that is no longer controllable and causes inflation, not to mention the circulation of foreign currency. Turkey's stability ended after preventing the establishment of a Jewish state, the owner of the most considerable capital in Europe.This article discusses the potential dangers of foreign banks operating in a country, including risks to the local economy, financial stability, and national sovereignty.
Kewarisan Beda Agama di Nagari Persiapan Bancah Kariang Kecamatan Kinali Kabupaten Pasaman Barat Elfia, E.; Surwati, Surwati; Fajri, Yan
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (879.56 KB) | DOI: 10.29240/jhi.v6i2.3479

Abstract

This study aims to find out the basis and reasons for heirs of different religions to get inheritance from heirs who died and how the distribution of inheritance is carried out by the community in Nagari Bancah Kariang, Kinali District, West Pasaman Regency. This research is an empirical research using a socio-legal approach. The data used is qualitative data which is analyzed descriptively qualitatively. The findings from this study are the basis and method of dividing inheritance of different religions in Nagari Preparation Bancah Kariang, Kinali District, West Pasaman Regency is based on the habits that have been carried out by the family so that it has been passed down from generation to generation until now and the distribution of inheritance is carried out equally, regardless of religion. in a family member after the death of an heir. This is done with the aim of maintaining harmony among his family and is considered a fair distribution of inheritance with a family system. Families that have family members of different religions also get an equal share and do not differentiate the income from inheritance to their children to strengthen the relationship between children and their parents. The practice carried out by the Nagari Bancah Kariang community clashes with the Prophet's hadith which clearly states that different religions are a barrier to inheriting under any pretext because ikhtilaf al-diin is one of the mawani '(barriers) in Islamic inheritance law.
The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia Elfia, Elfia; Surwati, Surwati; Bakhtiar, Bakhtiar
AL-ISTINBATH : Jurnal Hukum Islam Vol 8 No 1 May (2023)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v8i1.5480

Abstract

This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.
Inheritance Development Patterns in Multiethnic Societies in Indonesia: Between Custom, Religion, and State Elfia, Elfia; Nurus, Nurus Shalihin; Surwati, Surwati; Yan, Yan fajri; Mardiyah, Siti Mardiyah
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 1 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v10.i1.32673

Abstract

This study aims to analyze the patterns for developing inherited assets in multiethnic communities in Pasaman and Dharmasraya (West Sumatra) and Mandailing Natal and Panyabungan (North Sumatra). The research focuses on the interaction between customary, religious, and state laws in inheritance practices and their implications for social relations, family cohesion, and economic orientation. Using a qualitative comparative case study approach, data were collected through in-depth interviews, participatory observation, and document analysis with inter-ethnic families. The research findings reveal three distinct patterns of heritage development. The collective-conservative pattern in Pasaman emphasizes family solidarity and asset preservation, while also reflecting internal power relations and potential conflicts of interest in decision-making. The customary-conservative pattern in Dharmasraya highlights the dominance of customary norms in heritage management, oriented toward social stability and cultural preservation, yet it can also reinforce traditional authority structures and symbolic subordination. Meanwhile, the individualistic-commercial pattern in Mandailing Natal prioritizes maximizing economic value and enhancing family economic mobility, but it may generate social differentiation and economic inequality among family members. These findings indicate that heritage development patterns are shaped not only by economic considerations but also by “ethnic logic” rooted in kinship structures, customary norms, and social relations. Across most locations, customary law remains the dominant framework, religious law provides moral legitimacy and distribution guidance, and state law is applied selectively. In conclusion, this study demonstrates that legal pluralism in Indonesia’s multi-ethnic context is not merely a normative reality, but also a socially chosen strategy. 
Co-Authors Bakhtiar Bakhtiar Desmadi Saharuddin Elfia Elfia Elfia, E. Fajri, Yan Mardiyah, Siti Mardiyah Masri Mansoer Meirison Meirison, Meirison Muhammadi, Qasem Nelli, Fitra Nurus, Nurus Shalihin Yan, Yan fajri