Journal of Nafaqah
Vol. 2 No. 1 (2025): JON-JUNE

Inheritance Distribution in Islamic Family Law: A Juridical Study of the Principle of Gender Justice

Basri, Basri (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

This article explores the principles of Islamic inheritance law through a normative and conceptual approach, focusing on gender-based distribution and its alignment with the broader ideals of justice in Islamic legal thought. It analyzes classical juristic formulations, particularly the rule that assigns male heirs twice the share of females, in light of maqāṣid al-sharī‘ah and contemporary interpretations of gender justice. The study also compares these principles with customary inheritance practices in Indonesia, which emphasize social roles, flexibility, and deliberation-based distribution. The findings reveal an ongoing tension between the rigidity of classical fiqh and the evolving demands of justice in pluralistic and modern contexts. By synthesizing classical doctrines with maqāṣid-oriented reasoning and contextual ijtihād, the study demonstrates the potential for a more responsive and ethically grounded inheritance framework. This research contributes to the broader discourse on Islamic legal reform by highlighting how contextual reinterpretation of inheritance norms can reflect not only legal continuity but also the living spirit of sharī‘ah justice in addressing gendered realities.

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Journal Info

Abbrev

JON

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Other

Description

Journal of Nafaqah (JON) is a peer-reviewed open access international journal established for the dissemination of cutting-edge knowledge in the Islamic family law. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a ...