Maqasid Forum
Vol. 1 No. 2 (2026): June 2026

Hak Waris Istri di Desa Gunung Tua Tonga Perspektif Fikih Mawaris

Muhammad Yusup Siregar (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)
Endri Yenti (Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi)



Article Info

Publish Date
10 Jun 2026

Abstract

This research investigates the practice of distributing inheritance to wives in Gunung Tua Tonga Village, Padang Bolak District, North Padang Lawas Regency, viewed through the framework of fiqh al-mawārīth. The study uses qualitative field research with observation, interviews, and documentation as the main techniques for collecting data. The findings indicate that inheritance practices in the village are closely associated with the patrilineal kinship structure, in which men are regarded as the main successors and are given greater control over family assets. This canh be seen in several practices, including the takeover of the deceased's property by the husband's relatives, delaying the distribution of the estate until the wife dies, excluding the wife from her inheritance, giving priority to sons, and the limited understanding of Islamic inheritance rules among community members. As a result, wives who are recognized as heirs in Islamic law frequently fail to obtain the shares prescribed for them and, in certain cases, are only permitted to use the inherited property without receiving ownership rights. From the perspective of fiqh al-mawārīth, such practices are not consistent with the Qur'anic provisions, particularly QS An-Nisā' verses 7, 11, and 12, as well as the Indonesian Compilation of Islamic Law. The study therefore concludes that customary patrilineal considerations cannot serve as a valid basis for removing a wife's established inheritance rights.

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Journal Info

Abbrev

maqasidforum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Maqasid Forum publishes peer-reviewed articles on Islamic law, jurisprudence, and public policy, focusing on maqāṣid al-sharī‘ah and its modern application. It welcomes original research and critical studies that advance Islamic legal scholarship at both theoretical and practical levels. The ...