Family Law and Legal Culture
Vol. 2 No. 2 (2025): Mir'ah: Family Law and Legal Culture

Ashabul Furudh and Waqf Integration in Contemporary Islamic Wealth Distribution: Revisiting Classical Fiqh in the Indonesia Context

Auliya Yulanda (State Islamic University of Palangka Raya)
Irpan Maulana (State Islamic University of Palangka Raya)
Ninda Ayu Ijun Husada (State Islamic University of Palangka Raya)



Article Info

Publish Date
31 Dec 2025

Abstract

This article aims to reconstruct the understanding of Fiqh Mawaris, particularly concerning the position of Ashabul Furudh in Islamic inheritance distribution, and to integrate waqf assets within the context of contemporary wealth distribution. This research employs a qualitative approach using library research methodology. Data were collected from primary sources such as the Qur'an, hadith, and classical fiqh books, as well as secondary sources including indexed scientific journals and contemporary literature on inheritance and waqf law. Analysis was conducted using descriptive-analytical methods with a comparative approach across Islamic legal schools and modern scholars' perspectives. The research finds that: (1) Ashabul Furudh as fixed-share heirs requires re-evaluation within modern socio-economic contexts without disregarding the qath'i provisions of the Qur'an; (2) There are disagreements among scholars regarding the status of distant relatives (dzawil arham) and inheritance distribution methods, with flexibility through lifetime gifts (hibah) and reconciliation (ash-shulh); (3) The integration of waqf within the inheritance framework faces contemporary challenges that can be addressed through istibdal and cash waqf while adhering to the principle of maslahah; (4) Heirs are legally prohibited from taking waqf land and is protected by Law No. 41 of 2004 concerning Waqf. This research provides a comprehensive synthesis between classical Islamic jurisprudence and contemporary needs, offering a practical framework for the application of inheritance and waqf law in Indonesia by integrating perspectives from various legal schools and modern scholars. This research is limited to library research without empirical field studies; thus, it has not examined actual implementation in courts and communities. Future research should include empirical case studies and comparative studies with other Muslim-majority countries.

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Journal Info

Abbrev

mirah

Publisher

Subject

Description

Focus and Scope Mirah: Family Law and Legal Culture is a double-blind peer-reviewed journal published by Sharia Faculty of State Islamic University (UIN) Palangka Raya, Indonesia. Focus Mirah: Family Law and Legal Culture focuses on Family Law, Islamic Law, and Local Wisdom. Scope Mirah: Family Law ...