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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Studi Multidisipliner: Jurnal Kajian Keislaman
Oyo Sunaryo Mukhlas
Universitas Islam Negeri Sunan Gunung Djati
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice

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Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective Asrianti Sukirman; Oyo Sunaryo Mukhlas; Siah Khosyi'ah; Ahmad Hasan Ridwan
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6570

Abstract

Indonesia, as a multicultural country, has three coexisting inheritance law systems: customary law, Islamic law (through the Compilation of Islamic Law/KHI), and civil law (Civil Code). These three systems often exhibit fundamental differences in terms of normative foundations, inheritance mechanisms, and the values of justice they uphold. Through a maqashid syariah approach emphasizing protection of religion (dīn), life (nafs), intellect (‘aql), lineage (nasl), property (māl), and justice (‘adl), this study analyzes the common ground and gaps between customary and national inheritance law. The analysis reveals that while customary law seeks to preserve property and social structures, discriminatory practices and inadequate protection for vulnerable groups still exist. Conversely, the KHI, as part of national law, is more systematic in ensuring distributive justice, though it remains rigid and requires contextualization. This study recommends the importance of normative reconstruction through the compilation of standardized national customary inheritance law based on the values of maqashid and Pancasila, as a step toward an inclusive, fair, and sustainable inheritance law system.
The Existence of Sharia Economic Law in the National Legal Order Neng Yani Nurhayani; Oyo Sunaryo Mukhlas; Atang Abdul Hakim
Studi Multidisipliner: Jurnal Kajian Keislaman Vol 13, No 1 (2026)
Publisher : Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padngsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/multidisipliner.v13i1.18419

Abstract

This research aims to analyze the existence of Sharia Economic Law in the national legal order in Indonesia. The research uses normative legal research methods by examining primary, secondary, and tertiary legal materials related to research problems. This study focuses on the existence of Sharia Economic Law in the national legal system, the principles of sharia economics, and the development of the sharia economy in Indonesia. Through this approach, this study provides a comprehensive overview of the position and role of Sharia Economic Law in the Indonesian legal system. The results of the study show that: (1) historically Sharia Economic Law has existed in Indonesia since the colonial period, although it is still in the early stages of development as an effort to confront the Dutch capitalist system. The establishment of banking institutions by Aria Wiraatmaja in 1898 became one of the initial solutions for national economic development which was substantively relevant to the concept of musharakah from the perspective of Islamic Economic Law; (2) the existence of Western Economic Law, especially treaty law that regulates the rights and obligations of the parties, has relevance to the theory of engagement in Sharia Economic Law so that Sharia Economic Law also functions as a reinforcement of existing law (li ta'kid); (3) Sharia Economic Law as a derivation of the religious beliefs of Muslims which is closely related to the concept of theology and muamalah occupies a position as part of efforts to formalize Islamic sharia into national law; and (4) the existence of Sharia Economic Law in the national legal system reflects the form of law obedience or the obedience of the Muslim community to God's law.
Co-Authors Ahmad Hasan Ridwan Asrianti Sukirman Atang Abdul Hakim Neng Yani Nurhayani Siah Khosyi'ah