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All Journal Khazanah: Jurnal Studi Islam dan Humaniora Al-Manahij : Jurnal Kajian Hukum Islam
Riyanta
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Toward Interfaith Equality in Islamic Inheritance Law: Discourse and Renewal of Judicial Practice in Indonesia Riyanta; Najib, Agus Moh.; Bahiej, Ahmad; Falah, Mohammad Bachrul
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 1 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i1.10762

Abstract

The Supreme Court of Indonesia has granted portions of inheritance to non-Muslim relatives through the legal mechanism of wasiat wājibah (obligatory will), based on considerations of propriety and limited to no more than one-third of the estate. This article examines how the Supreme Court establishes the legal basis, rationale, and relevance of applying wasiat wājibah to non-Muslim relatives, and how this practice contributes to the reform of Islamic inheritance law in Indonesia. The study employs a normative legal research method with a case based approach. The findings reveal that the Supreme Court’s decisions to award wasiat wājibah to non-Muslim relatives represent a form of judicial innovation aimed at achieving maslahah (public benefit) among heirs. However, the application of wasiat wājibah remains case-specific, determined by the perceived benefit within the personal relationship between a Muslim testator and their non-Muslim relatives. These rulings hold significant relevance for the reform of Islamic inheritance law in Indonesia. First, conceptually, Islamic inheritance law falls under the domain of mu‘āmalah (civil transactions), which allows for reinterpretation and contextualization based on local realities. Second, the implementation of wasiat wājibah reflects a constructive response to the evolving social and legal dynamics of Indonesia’s pluralistic society.
THE BELIS PAYMENT TRADITION IN KEDANG BARENG MARRIAGE PRACTICES: AN ISLAMIC PERSPECTIVE Rahma Pramudya Nawang Sari; Riyanta
Khazanah: Jurnal Studi Islam dan Humaniora Vol. 23 No. 2 (2025)
Publisher : UIN Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/khazanah.v23i2.19199

Abstract

This study aims to analyze the practice of paying a dowry (belis) in traditional marriages in the Kedang Bareng community of Lembata Regency and to examine its suitability from an Islamic legal perspective. The belis tradition is a form of respect for the bride's family, but its practice is often viewed as problematic if it places a heavy economic burden on the groom. This study used a qualitative approach with field research methods. Data were collected through interviews with traditional leaders, religious leaders, couples who had previously had a traditional marriage, and village officials as key informants. Data analysis was conducted using an interactive model through the stages of reduction, presentation, and conclusion drawing. The results of this study indicate that the belis in Kedang Bareng has symbolic meaning as a symbol of respect, kinship ties, and confirmation of social status. However, in practice, a high amount of belis can cause socio-economic obstacles, especially for families with limited income. From an Islamic legal perspective, the belis tradition is permitted as long as it does not conflict with the principles of justice, willingness (taradhi), and does not burden either party, as is the principle of marriage in Islam. If belis is viewed as a customary dowry that complements the dowry without eliminating its sharia obligations, then it is permissible. The implication of this research is the need for ongoing dialogue between traditional and religious leaders to adapt the practice of belis to align it more closely with the principles of maqasid al-syari'ah (the principle of Islamic law), particularly in maintaining family welfare and avoiding harm. The results of this study can also serve as a reference in formulating village policies that accommodate both customary and Islamic values ​​in marriages in the Kedang Bareng community.
Co-Authors Agus Moh. Najib, Agus Moh. Ahmad Bahiej, Ahmad Falah, Mohammad Bachrul Sari, Rahma Pramudya Nawang