al-Afkar, Journal For Islamic Studies
Vol. 9 No. 3 (2026)

A Socio-Legal Analysis of Inheritance Disputes in Indonesia

Ahmad Rifa'i (Universitas Pamulang, Indonesia)
Abdulloh Abdulloh (Universitas Pamulang, Indonesia)



Article Info

Publish Date
04 Jul 2026

Abstract

This study examines the phenomenon of inheritance disputes, which are often viewed in a reductive manner as mere material conflicts, yet empirically serve as instruments for identity validation and the restoration of honor for men, thereby mitigating the risk of domestic violence that threatens public health stability. The purpose of this study is to reconstruct the meaning of kinship systems in Indonesia by uncovering the latent dimensions of inheritance disputes. Using a juridical-empirical method through a socio-legal approach, the analysis aims to identify mental health variables such as chronic stress and identity crises as they emerge in the literature of legal sociology. The research findings indicate that both Islam and customary law provide safety valve mechanisms such as the Qawwam principle, the tradition of migration, and reciprocal gifts that effectively reduce legal resistance by transforming men’s positions into authoritative, sovereign subjects. In conclusion, inheritance justice must be repositioned from a mere division of assets into a process of identity restoration that is crucial for the biopsychosocial stability of the family.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...