Jurnal Sahabat ISNU SU
Vol. 3 No. 2 (2026): Vol.3 No.2 (2026): ISNU Sahabat September 2026

Beyond Exclusion: A Maqasid Based Shadaqah Wajibah Model for Daughter Brother Inheritance Disputes in Indonesia

Ending Solehudin (UIN Sunan Gunung Djati Bandung)
Ferry Dinanta Ginting (kejaksaan Tinggi Sumatera Utara)



Article Info

Publish Date
30 Sep 2026

Abstract

Indonesian Supreme Court jurisprudence treats a daughter as capable of excluding the deceased's siblings from inheritance, whereas classical Sunni jurisprudence generally allows a brother to take the residue as an agnatic heir when no son survives. The resulting tension concerns not only the identification of legal shares but also social acceptance and family conflict after rights have been determined. This study examines the relationship between Islamic inheritance doctrine, the Compilation of Islamic Law, Supreme Court jurisprudence, family deliberation, and the principles of maslahah and maqāṣid al-sharī'ah. It applies normative legal research through statutory, case, conceptual, and functional comparative approaches. The findings show that Indonesian law provides a jurisprudential basis for excluding collateral siblings and a legal space for consensual settlement among heirs, yet it lacks a structured normative protocol distinguishing inheritance entitlement from post-distribution transfers to excluded relatives. The article proposes a Four-Stage Reconciliatory Shadaqah Wajibah Model consisting of rights determination, informed consent, sulh-based voluntary transfer, and legal formalisation. Shadaqah wajibah is defined as a proposed ethical obligation grounded in family welfare, not as a new compulsory inheritance entitlement. The model protects legal certainty while creating a controlled pathway for reconciliation, kinship preservation, and substantive fairness after inheritance rights are definitively determined.

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Journal Info

Abbrev

jsisnu

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes, but is not limited to: Primary, Secondary, and Higher Education Studies on curriculum development, teaching strategies, assessment, and competency building at various levels of education. Educational Management and Policy Research on leadership, school governance, ...