Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Vol. 13 No. 2 (2026): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan

Religious Norms and Social Realities: Gender Dynamics in Islamic Inheritance Distribution in Contemporary Indonesia

Siti Ropiah (STAI Haji Agus Salim Cikarang Bekasi)
Syafi’i Syafi’i (Universitas Islam Negeri Syarif Hidayatullah Jakarta)



Article Info

Publish Date
11 Aug 2026

Abstract

This study analyzes the relationship between Islamic inheritance law (faraid), social practices, and gender construction in contemporary Indonesian Muslim society. The primary objective of this research is to examine how Islamic inheritance law is implemented within a dynamic social context and how gender influences the process of inheritance distribution within families. The study employs a qualitative method with an Islamic legal sociology approach. Data were collected through in-depth interviews, observation, and documentation and were analyzed using an interactive analysis technique consisting of data reduction, data display, and conclusion drawing. The findings reveal that the implementation of faraid does not occur mechanically but rather through a process of family deliberation influenced by economic conditions and social relationships. The study also finds that changes in the social and economic roles of women affect how families perceive justice in inheritance distribution. Justice is no longer understood solely as compliance with normative inheritance formulas but also as the ability of inheritance distribution to promote welfare, maintain family harmony, and accommodate the needs of heirs. These findings indicate that inheritance practices among Indonesian Muslims represent a form of living law that emerges from the interaction between religious norms, social realities, and gender construction. This study has implications for strengthening the perspective of Islamic legal sociology in understanding the dynamics of inheritance law in contemporary Muslim societies. Islamic inheritance law functions not only as a normative legal system but also as a social system that adapts to changes in family structures and the evolving roles of gender. Therefore, understanding inheritance practices requires an approach that is not only text-oriented but also attentive to the social context in which the law operates.

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Journal Info

Abbrev

qadha

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; ...