Kafa’ah: Journal of Gender Studies
Vol 16, No 1 (2026)

GENDER JUSTICE IN INHERITANCE LAW: A COMPARISON OF THE CONCEPT OF PROPORTIONALITY AND THE CONCEPT OF EQUALITY

Sukmawidari, Ria (Universitas Islam Negeri Alauddin Makassar)
Mahmud, Irbach Nurfatin (University of Jordan)
Wardayani, Wardayani (Universitas Islam Negeri Alauddin Makassar)
Kurniati, Kurniati (Universitas Islam Negeri Alauddin Makassar)



Article Info

Publish Date
06 Mar 2026

Abstract

The debate regarding gender justice in inheproporitance law arises from differing concepts, namely proportional distribution (2:1) as applied by some laws, while other laws adhere to the principle of equality (1:1). This study aims to analyze both concepts from the perspective of gender justice, while assessing their relevance in the modern social context. The method used is a literature study with a normative-comparative approach, which compares provisions from various legal systems, such as Islamic law, civil law, customary law, and court decisions, and analyzes them through the theory of gender justice and the maqāṣid al-syarī'ah framework. The results of the study show that both concepts have their own contextual justice. Proportionality is more appropriate when the responsibility for maintenance is entirely borne by men, while equality is more appropriate in situations where men and women both play a role in the family economy. This study confirms that gender justice in inheritance law cannot be understood absolutely, but must be viewed relatively in accordance with social realities and the configuration of roles within the family. The impact of this study is to provide a more neutral and comprehensive insight for the development of inheritance law studies within the framework of gender justice. Keyword: Gender, Inheritance law, Proportionality and Equality

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Journal Info

Abbrev

kafaah

Publisher

Subject

Humanities Social Sciences

Description

Kafa’ah is an open-access and peer-reviewed journal published by the Center for Gender and Child Studies, Universitas Islam Negeri (UIN) Imam Bonjol Padang. The objective of the journal is to promote the sharing of knowledge and understanding on gender issues. This journal covers cross-cutting ...