Inklusif: Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
Vol 10, No 1 (2025): June 2025

Juridical Disparity in Interfaith Inheritance Law: A Comparative Study Between Islamic Law and Positive Law in Indonesia

Herlambang, Pratama Herry (Unknown)
Wulandari, Fenny (Unknown)



Article Info

Publish Date
13 Jun 2025

Abstract

The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs hold differing religious beliefs, which may occur due to interfaith marriages among their parents or individual conversions by the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate juridical disparities within interfaith inheritance law through a normative and comparative juridical approach. The findings suggest that the absence of an integrated legal framework leads to legal uncertainty, creating interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.

Copyrights © 2025






Journal Info

Abbrev

inklusif

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal INKLUSIF is a journal organized by Department of Syari’ah, Post Graduate Programe Syekh Nurjati State Islamic University. It only publishes original papers (no plagiarism) of literature and field research related to the Study and Research of Economics and Islamic Law. It focuses on ...