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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial El-Sirry: Jurnal Hukum Islam dan Sosial
Siregar, Nurma Harana Mora
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Keadilan Pembagian Warisan: Perspektif Masyarakat Multikultural Siregar, Nurma Harana Mora; Azizah, Nur
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 11, No 1 (2025)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v11i1.14474

Abstract

The issue of inheritance distribution in Indonesia is highly relevant in the context of a multicultural society influenced by variations in ethnicity, culture, and religion. This study aims to examine the principles of justice in the distribution of inheritance amidst this diversity. The method employed is library research, focusing on the analysis of literature related to inheritance law, culture, and social impacts. The findings indicate that differences in cultural norms can lead to conflicts in inheritance distribution, even though Islamic law provides clear guidelines. This research recommends the application of maqasid sharia principles and mediation processes to achieve more comprehensive justice within a multicultural society.
Initiating Equal Distribution of Inheritance: An Innovation in Islamic Inheritance Law in the Modern Era Efendi, Zulfan; Siregar, Nurma Harana Mora
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 1 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i1.15690

Abstract

This article explores the concept of equal distribution of inheritance within Islamic inheritance law in the contemporary context, presenting it as a remedy for the injustices frequently faced by women and as a way to resolve disputes that often occur among heirs due to differing views on asset distribution. The research background highlights traditional rules that grant larger shares to men, along with the associated social and economic consequences. The study utilizes a library research method with a qualitative approach, examining relevant literature to grasp the idea of equal inheritance distribution. The findings suggest that equal inheritance distribution can foster gender equality and improve women's status in society. This method is anticipated to mitigate family disputes and foster a more harmonious atmosphere. Nevertheless, obstacles such as cultural traditions and insufficient public awareness of Islamic inheritance law persist in hindering its application. The article underscores the significance of dialogue and consensus among heirs to achieve an equitable distribution that adheres to Sharia principles, ultimately contributing to a more just and prosperous society.
Suspension of Inheritance Distribution: A Review of Islamic Law and Its Implications Siregar, Nurma Harana Mora; Dasopang, Nur Sania
El-Sirry: Jurnal Hukum Islam dan Sosial Vol 3, No 2 (2025)
Publisher : UIN SYEKH ALI HASAN AHMAD ADDARY PADANGSIDIMPUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/ejhis.v3i2.14499

Abstract

This research examines the suspension of the distribution of inheritance from the perspective of Islamic law and its implications for the justice and benefit of the heirs. The focus of the research is directed at the normative analysis of the normative basis of inheritance division in fiqh mawaris, the limitations of deferral ability, and the social and cultural factors behind the practice of postponing the distribution of inheritance in Muslim society. This research uses a literature study method with a normative qualitative approach, through an analysis of classical and contemporary Islamic law sources, including the Qur'an, hadith, fiqh books, and modern Islamic legal literature. The results of the study show that in principle, the distribution of inheritance in Islam is recommended to be carried out immediately after the fulfillment of the heir's obligations, such as debt repayment and the execution of a will. However, the suspension of the distribution of inheritance can be justified under Islamic law as long as it is based on the agreement of all heirs, does not cause tyranny, and aims to maintain the common good. The implications of the suspension show that there is a potential for conflict and injustice if it is not accompanied by clarity of rights, so a comprehensive legal understanding is needed so that the practice of suspension remains in line with the principles of justice.
Co-Authors . Zulfan Dasopang, Nur Sania Nur Azizah