Tasyri'
Vol. 5 No. 1 (2026): Tasyri'

Islamic Inheritance Law in Indonesia and Malaysia: An Interdisciplinary Study of Conflict, Resolution, and Gender Perspectives

Rini, Etiak (Unknown)



Article Info

Publish Date
15 Jan 2026

Abstract

This study aims to compare the implementation of Islamic inheritance law in Indonesia and Malaysia, particularly regarding the treatment of women as heirs. Although Islamic inheritance law theoretically grants women equal rights, in practice, the distribution of inheritance is often influenced by social, cultural, and governmental factors. In Indonesia, the strong patriarchal culture and the lack of public understanding of Islamic inheritance law often result in women not receiving their rightful share of inheritance. A similar issue exists in Malaysia, where, despite the Syariah Court's rulings on women's inheritance rights, local customs and policies often lead to women receiving a smaller share or losing their inheritance rights altogether. This study uses a qualitative approach with comparative analysis, relying on data from international journals, related literature, and applicable legal documents in both countries. The results of the study show that while both countries have legal foundations supporting women's rights as heirs, gender inequality in inheritance distribution remains a significant issue that needs to be addressed. Therefore, policy reforms and the strengthening of legal education are necessary to ensure the fair and equal implementation of Islamic inheritance law for women.

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Journal Info

Abbrev

tsyr

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Tasyri’ welcomes high-quality manuscripts resulted from a research project in the scope of Islamic Family Law, Islamic economic law, Islamic criminal law, Islamic constitutional law, Zakat and waqf law, Contemporary Islamic legal thought and various scientific studies in the field of law and other ...