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All Journal Jurnal Akta Jurnal Sahabat ISNU SU
Mhd Nurhusein Daulay
Universitas Islam Negeri Sumatera Utara
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Between Text and Context: The Philosophical and Sociological Basis of Girls' Hijab Rights in Indonesian and Malaysian Islamic Inheritance Law Atika Sandra Dewi; Mhd Nurhusein Daulay
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50244

Abstract

This study aims to comparatively analyze the application of a daughter's hijab rights to her father's brother in the Islamic inheritance law systems of Indonesia and Malaysia. Although both countries base their family law on the Shafi'i school of thought, the practice and interpretation of daughters' inheritance rights show significant differences, particularly in determining the position of daughters as obstacles (ḥājib) for lateral heirs. This study uses a qualitative approach with a normative-comparative legal research type. The results show that the Islamic inheritance law system in Indonesia tends to use a contextual and progressive approach, which allows for the strengthening of daughters' rights through a more responsive interpretation of the values of substantive justice and gender equality. In contrast, the legal system in Malaysia shows a more rigid and textual normative tendency, thus limiting the scope for inheritance law reform despite changes in the social structure of society. The novelty of this study lies in the cross-national comparative analysis that places the concept of hijab within the perspective of maqāṣid al-sharī'ah and modern social dynamics, which have rarely been discussed in depth. This study concludes that a re-reading of Islamic inheritance law by emphasizing the objectives of sharia and the principles of substantive justice is an urgent need to ensure the relevance and justice of inheritance law in the context of contemporary Muslim society. 
Reformulation Of The Arrangement Of Dzawil Arham In The Compilation Of Islamic Law To Realize Legal Certainty Of Inheritance Mhd Nurhusein Daulay
Jurnal Sahabat ISNU SU Vol. 2 No. 1 (2025): ISNU Sahabat Mei 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1535

Abstract

This research examines the issue of inheritance law related to the status and position of dzawil arham when distributing inheritance in Indonesia.This research is presented in qualitative form. This research uses Islamic law (Islamic legal inheritance) as an analytical tool in analyzing research data. In the end, this research concludes that Decision Number: 014 / Pdt.P / 2014 /PA-LPK and Decision Number: 263 / Pdt.G / 2009 / PTA.Sby, become a legal fact that the judges of the Lubuk Pakam Religious Court and the Surabaya High Religious Court in the matter of dzawil arham determined the decision in accordance with the opinions of Ahmad bin Hambal, Imam Abu Hanifah, Ali bin Abi Thalib, Umar bin Khathab and Ibn Mas'ud. There is no explanation of the status, position and resolution of dzawil arham in full in normative jurisprudential law (Compilation of Islamic Law), so this provides an opportunity for differences of opinion and judges' decisions in the matter of dzawil arham, so it is important to provide an attachment as an additional explanation in the Compilation of Islamic Law to be a legal guideline in resolving issues concerning dzawil arham.
Co-Authors atika sandra dewi