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All Journal Al Ushuliy Media of Law and Sharia
Riskanda, Yilda
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconceptualizing Mandatory Bequests for Children of Unregistered Marriages: Islamic Family Law Responses to Supreme Court Circular Letter No. 3 of 2023 Riskanda, Yilda; Zulkifli; Putri, Dewi; Raus, Afrian; Effendi, Amri
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 4 No. 2 (2025): Vol 4 No 2
Publisher : UIN Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/alushuliy.v4i2.16369

Abstract

This study examines the application of the mandatory will (wasiat wajibah) as regulated in Supreme Court Circular Letter (SEMA) No. 3 of 2023, particularly in relation to children born from valid but legally unregistered marriages. The research aims to analyze the legal construction and implications of SEMA No. 3 of 2023 concerning inheritance rights through mandatory wills within the framework of Islamic inheritance law in Indonesia. This research adopts a library-based methodology using a normative juridical approach, focusing on statutory analysis of SEMA No. 3 of 2023 as the primary legal source. Secondary data are derived from books, scholarly articles, and relevant scientific works. Data analysis is conducted through deductive reasoning, while data validity is ensured through source triangulation.The findings indicate that wasiat wajibah under SEMA No. 3 of 2023 serves as an alternative legal instrument to provide inheritance shares to children who are not formally recognized as heirs under classical Islamic inheritance law. This provision extends the earlier application of mandatory wills, previously limited to adopted children under Article 209 of the Compilation of Islamic Law. Although the inheritance portion through wasiat wajibah is limited to one-third of the estate, this policy reflects the principle of maṣlaḥah and the best interests of the child by ensuring minimum economic protection and legal certainty for children born from unregistered marriages.
Zakat on Pledged Assets: Qaulī Construction, Maqāṣid al-Sharī‘ah, and the Relevance Paradox in Contemporary Rahn Practices Fatah, Abdul; Wahyuni, Serly Firda; Riskanda, Yilda; Azizah, Risma Imroathul
Media of Law and Sharia Vol. 7 No. 2: October 2026
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i2.510

Abstract

This study critically analyzes the legal framework of Indonesian Ulema Council Fatwa No. 67 of 2022 regarding zakat on pledged goods, focusing on the qaulī construction, the maqāṣid al-sharī‘ah orientation, and its contextual relevance. Employing a normative legal methodology with a socio-economic contextual analysis, this study utilizes primary legal sources such as the Qur’an, hadith, and classical fiqh texts (al-Majmu’ and Kasysyaf al-Qina’) alongside secondary empirical data derived from previous studies on Islamic pawnbroking. The findings indicate that the fatwa was formulated primarily through a qaulī approach, referencing the opinions of Imam Nawawi and Manshur al-Buhutiy, which assert that a rahn contract does not extinguish full legal ownership (milk al-tām), thereby maintaining the zakat obligation on the pledgor (rahin). While the fatwa effectively secures the continuity of zakat distribution for recipients (mustahik), drawing on secondary empirical literature reveals that pledgors frequently utilize rahn as a survival strategy under financial strain. To capture this tension, this study explicitly defines the relevance paradox as an analytical concept denoting the structural contradiction between a ruling's flawless normative legitimacy treating the pledgor as a capable zakat payer based on formal ownership, and the empirical reality where pledgors face economic vulnerability and liquidity constraints. Consequently, this study argues that contemporary fatwa formulation must integrate normative legal certainty, maqāṣid al-sharī‘ah, and empirical socio-economic considerations to ensure that Islamic law remains responsive to modern societal dynamics.
Co-Authors Abdul Fatah Afrian Raus, Afrian Azizah, Risma Imroathul Dewi Putri Effendi, Amri Wahyuni, Serly Firda Zulkifli