USRAH: Jurnal Hukum Keluarga Islam
Vol. 5 No. 1 (2024): April

HUKUM ISLAM YANG HIDUP: PRAKTIK SOSIAL, NEGOSIASI BUDAYA, DAN OTORITAS HUKUM DALAM MASYARAKAT MUSLIM

Imanuddin Abil Fida (Institut Ahmad Dahlan Probolinggo)
M. Tosen (Institut Ahmad Dahlan Probolinggo)



Article Info

Publish Date
23 Apr 2024

Abstract

Islamic inheritance law in Indonesia operates within a plural normative environment in which farāʾiḍ provisions, the Compilation of Islamic Law (KHI), local customary norms, familial practices, and judicial mechanisms interact. This article examines how inheritance is distributed beyond the formal calculation of farāʾiḍ, how cultural values are translated into family-based settlements, and how families, religious scholars, judges, and the state construct claims of authority over distributive outcomes. The study employs normative legal research using statutory, case, and conceptual approaches, supplemented by a socio-legal interpretation of previously published empirical studies. The primary materials include Qur’anic provisions on inheritance, Articles 176, 183, 188, and 209 of the KHI, as well as Supreme Court jurisprudence concerning compulsory bequests and customary inheritance law. The analysis distinguishes inheritance arising after the death of the decedent from inter vivos gifts, voluntary redistribution from coerced relinquishment of rights, and customary compromise from unjustifiable displacement of legally protected entitlements. The article develops a Practice–Culture–Authority (PCA) Framework, operationalized through five evaluative stages: transaction classification, knowledge of entitlements, consent and vulnerability, authority, and access to remedies. The findings indicate that normative plurality can produce defensible inheritance settlements only where the legal classification is accurate, original entitlements are known, consent is genuinely voluntary, vulnerable heirs are protected, and the resulting arrangement remains open to mechanisms of review or challenge. The article’s contribution lies in connecting the concept of living law with the doctrinal boundaries of Islamic inheritance law without romanticizing family harmony or treating all local practices as legally legitimate.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...