El-Sirry: Jurnal Hukum Islam dan Sosial
Vol 4, No 1 (2026)

Bilateral Principles as Moderating Inheritance Rights in Southeast Asia

Ariman Sitompul (Universitas Dharmawangsa Medan)
Riski Putra Harahap (Universitas Islam Negeri Syeikh Ali Hasan Ahmad Addary Padangsidimpuan)



Article Info

Publish Date
19 Aug 2026

Abstract

This study is situated against the backdrop of the dynamics of Islamic inheritance law in Southeast Asia, a region characterized by pluralistic social, cultural, and legal systems. The research aims to analyze the bilateral principle as an instrument of moderation (tawasuth) in the fulfillment of inheritance rights and to identify patterns of its application within Islamic family law systems across Southeast Asia. A qualitative approach was employed, utilizing literature reviews and comparative analysis of regulations, Islamic legal literature, and prior research. The study covers Indonesia, Malaysia, Brunei Darussalam, and Thailand—countries that exhibit distinct legal system characteristics and varying positions regarding Islamic law. The findings indicate that the application of the bilateral principle is contextual. Indonesia demonstrates a pluralistic and flexible pattern through the interplay of Islamic law, customary law (adat), and family deliberation, Malaysia exhibits a more institutionalized approach via Sharia Courts and state-level jurisdiction, Brunei Darussalam applies faraid (fixed inheritance shares) more uniformly with the backing of state religious institutions, while Thailand displays a territorial-pluralistic pattern, particularly in the Muslim-majority region of Southern Thailand. The study’s novelty lies in developing the bilateral principle as an instrument for moderation in inheritance matters from a cross-national comparative perspective. The bilateral principle does not replace faraid; rather, it serves as a methodological approach to bridge Sharia norms with social realities, thereby fostering justice, public interest (maslahah), inclusivity, and family harmony.

Copyrights © 2026






Journal Info

Abbrev

ElSirry

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

El-SIRRY: Jurnal Hukum Islam dan Sosial is a high-quality open access peer-reviewed research journal published by the Pascasarjana Program Studi Hukum Keluarga Islam Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan Aiming to communicate original research and relevant current ...