Jurnal Ilmu Hukum The Juris
Vol. 10 No. 1 (2026): JURNAL ILMU HUKUM : THE JURIS

ANALISIS TERHADAP KONSTRUKSI KEADILAN DALAM PENETAPAN WARISAN ISLAM

Sri Hariati (Fakultas Hukum, Universitas Mataram, Mataram, Indonesia)



Article Info

Publish Date
05 Jun 2026

Abstract

Islamic inheritance law is a part of Islamic law, based on the Qur’an and the commands of the Prophet Muhammad (peace be upon him). The mujtahids interpret these sources according to their own reasoning. In the pre-Islamic Jahiliyyah inheritance system, children and women were not granted inheritance rights. They did not receive spoils of war because they were considered weak and incapable of fighting. Inheritance was distributed only to adult male children, family members of the deceased, and even individuals who were not family members due to adoption or agreements. This is what distinguishes the Islamic inheritance system from the Jahiliyyah system, in accordance with Allah’s command, which grants property rights to family members. Therefore, it is important to understand and study Aristotle’s theory of distributive, corrective, and commutative justice. This research method is based on an analytical and constructive approach to the principle of proportional equality and the principle of balanced justice. The distribution of rights that should be granted to a person based on their obligations and abilities is known as proportional equality. Meanwhile, the principle of balanced justice in Islamic inheritance law regulates how inheritance is distributed between men and women.

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Journal Info

Abbrev

juris

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang ...