Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol 18 No 1 (2026): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Legal Reasoning in Resolving Family and Inheritance Cases: A Theoretical and Practical Analysis

Ningsih, Lis Diana (Unknown)
Wahyu Sururie, Ramdani (Unknown)
Burhanuddin, Burhanuddin (Unknown)



Article Info

Publish Date
02 Jan 2026

Abstract

Ideally, legal reasoning in family and inheritance cases should be guided by clear, consistent, and harmonized principles across the legal system. However, in reality, disputes often arise within a complex landscape involving overlapping norms, diverse interpretations, and variations in judicial practice. This research aims to analyze both the theoretical foundations and practical applications of legal reasoning used by judges and legal practitioners in resolving family and inheritance cases. Using a qualitative methodology, the study relies on doctrinal analysis, case studies, and comparative review of judicial decisions to understand how legal arguments are constructed and applied in real court settings. The findings show that although legal theory provides structured guidance, the resolution of family and inheritance disputes is largely influenced by contextual considerations such as cultural values, the coexistence of multiple legal systems, and the discretionary reasoning of judges. This dynamic interaction often leads to outcomes that balance normative frameworks with pragmatic socio-cultural realities.

Copyrights © 2026






Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...