Solo International Collaboration and Publication of Social Sciences and Humanities
Vol. 4 No. 02 (2026): Solo International Collaboration and Publication of Social Sciences and Humani

Delay in the Distribution of Productive Inheritance Assets: A Sharia-Based Analysis Through the Methodology of Taha Jabir Al-Alwani

Tri Hasan Bashori (Universitas Islam Indonesia, Yogyakarta)
Asmuni (Universitas Islam Indonesia, Yogyakarta)



Article Info

Publish Date
21 Jun 2026

Abstract

Objective: This study aims to analyze the validity of the postponement of inheritance distribution in productive assets using the perspective of maqāṣid al-syari'ah Taha Jabir al-Alwani. The focus is to balance the provisions of inherited fiqh with the need to maintain the family's economic sustainability. Theoretical framework: The research uses the contemporary maqāṣid al-shari'ah theory of Taha Jabir al-Alwani, which consists of three main pillars: al-Tauhid, al-Tazkiyah, and al-'Umran. These three pillars are the basis for assessing the benefits of postponing the distribution of inheritance. Literature review: A literature review discusses the differences between the classical fiqh of inheritance that encourages immediate division and the contemporary maqāṣid approach that takes into account modern socio-economic conditions. The literature also covers the concept of productive asset management in Islam. Method: The research uses normative qualitative methods with a conceptual and maqāṣid approach. The analysis was carried out through the method of al-jam'u bayna al-qirā'atain, which is to connect sharia texts with social reality. Results: The results of the study show that the postponement of inheritance distribution can be allowed if it meets the principles of justice (al-Tauhid), transparency and agreement (al-Tazkiyah), and is able to increase the economic benefits of assets (al-'Umran). If it causes conflict or loss, then the practice is not justified. Implications: This study provides guidelines for judges, mediators, and families in resolving disputes over the inheritance of productive assets. The results can be used as a basis for more benefit-oriented decision-making. Novelty: The novelty of the research lies in the use of maqāṣid al-shari'ah Taha Jabir al-Alwani to assess the delay in the distribution of inheritance of productive assets. This research expands the concept of ḥifẓ al-māl from simply maintaining wealth to productive and sustainable wealth management.

Copyrights © 2026






Journal Info

Abbrev

sicopus

Publisher

Subject

Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Focus: The focus of Sicopus is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. The Journal will bring together leading researchers, engineers and scientists in the domain of interest from around the world. Scope: The scope of this ...