Journal Social Politics And Humanities
Vol. 3 No. 1 (2026): Journal Social Politics And Humanities

KONSTRUKSI HUKUM KEWARASAN ISLAM DALAM PERSPEKTIF LEGAL PLURALISM

Didi Sukardi (Universitas Satyagama)



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Publish Date
05 Sep 2026

Abstract

Islamic inheritance law normatively and dogmatically governs the allocation of inheritance shares. However, its societal implementation reveals disparities in understanding that trigger a shift toward a sociological perspective, particularly regarding the inheritance rights of second and subsequent wives. This study aims to analyze the legal construction of inheritance rights for multiple wives based on legal pluralism. This approach examines the operation of Islamic inheritance law amidst personal-social forces, complex social realities, and the interplay between legal systems. The findings demonstrate that the functioning of Islamic inheritance law is influenced by individual Muslim social behavior, social complexities, and intersecting legal systems, prompting communities to adopt distinct legal pathways grounded in rational and sociological choices. The resulting model is a prismatic-plural construction driven by the feedback of Personal Social Forces (PSF), prominently characterized by its bidimensional and pluralistic nature. A comparative analysis indicates that Indonesia, Brunei Darussalam, and Singapore exhibit similar patterns of inheritance legal pluralism, transitioning from normative-dogmatic to sociological frameworks. In contrast, Saudi Arabia and Malaysia strictly adhere to normative-dogmatic faraidh principles via their Sharia courts.

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Journal Social Politics and Humanities is a high-quality open-access peer-reviewed research journal that is published by Education Publisher : Humaniora and Sosial Sains is providing a platform that welcomes and acknowledges high quality empirical original research papers about social, Learning ...