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Nor Mohammad Abdoeh
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Quru’: Journal of Family Law and Culture
Published by Pusat Studi Penelitian dan Evaluasi Pembelajaran Yayasan NCC
ISSN : -     EISSN : 30325579     DOI : https://doi.org/10.59698/quru.v2i1.103
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Quru: Journal of Family Law and Culture, published by Pusat Studi Penelitian dan Evaluasi Pembelajaran. This journal is published regularly thrice a year, namely April, August, December. The focus of this journal examines research in the field of Islamic legal thought and Islamic family law, both literacy research and field research. The scope of this journals study is in the field of Islamic thought and Islamic legal thought related to family, human rights, marriage, divorce, inheritance, wills, grants, waqf, zakat and alms.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 62 Documents
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The The Role of the Quazi Courts in Family Dispute Resolution: Effectiveness and Limitations in the Sri Lankan Context A.L.Nazeer Kany; SMM. Nafees
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.568

Abstract

This study examines Sri Lanka’s Quazi court system and how it mediates family disputes. Beginning with an overview of the country’s mixed legal system, it highlights the application of Muslim personal law through specialized Quazi tribunals. The study assesses the strengths and weaknesses of Muslim Quazi courts, particularly within the MMDA framework. Although designed to provide more accessible and affordable family dispute resolution for the Muslim community, in practice the system raises concerns about effectiveness, legal certainty, and justice especially in relation to the protection of women’s rights. The article aims to analyze the role of Quazi Courts in resolving family disputes in Sri Lanka by evaluating their effectiveness, identifying structural and procedural limitations under the MMDA, and mapping their implications for gender equality and access to justice. The research adopts a qualitative socio-legal approach using secondary data through document review and doctrinal analysis. Sources include the MMDA, academic literature, institutional reports, and comparative studies on religion-based family courts within the context of legal pluralism. The data are analyzed through deductive thematic analysis to extract key themes such as operational weaknesses, gender disparities in the MMDA, impacts on women, and reform challenges. The findings indicate that Quazi Courts offer access-related advantages (low cost, opportunities for self-representation, and relatively rapid processing for simple cases), but their effectiveness is constrained by the lack of minimum qualifications and formal training for Quazis, irregular hearing schedules, inadequate infrastructure, weak oversight, and alleged corrupt practices. Normatively, several MMDA provisions are seen to reinforce gender inequality (child marriage, mandatory male guardianship, divorce procedures that disadvantage women, polygamy without strict scrutiny, and the absence of post-divorce property distribution rules), thereby weakening women’s protection and the overall quality of justice. This article recommends comprehensive MMDA reform (setting a minimum marriage age, strengthening women’s agency, ensuring equality in divorce procedures, regulating polygamy with strict safeguards, and establishing property division mechanisms), professionalizing and standardizing Quazi Courts (minimum qualifications, mandatory training, a code of ethics, effective supervision, and adequate court facilities).
Mandatory Bequest (Wasiat Wajibah) in Interfaith Inheritance Cases (A Study of Indonesian Supreme Court Decision No. 16 K/AG/2010 from the Perspective of Maqāṣid al-Sharī‘ah) Muhammad Baihaqi
QURU’: Journal of Family Law and Culture Vol. 4 No. 1 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i1.576

Abstract

A person’s death often gives rise to inheritance disputes, especially when there is a difference of religion between the deceased (the decedent) and the heirs. In Islamic law, the majority of jurists hold that a difference of religion constitutes an impediment to mutual inheritance. Nevertheless, some scholars propose an alternative solution through the mechanism of wasiat wajibah (mandatory bequest) for parties who are legally barred from inheriting. Building on this reality, this study aims to analyze the legal reasoning in the decisions at the first instance, appellate, and cassation levels by using the perspective of Maqāṣid al-Sharī‘ah, in order to assess the extent to which those decisions reflect principles of justice and public benefit (maṣlaḥah). This research is a library-based study with a descriptive-analytical character. The approaches employed include normative juridical and statutory juridical approaches, while remaining grounded in the overarching objectives of Islamic law (Maqāṣid al-Sharī‘ah). The findings indicate that Indonesian Supreme Court Decision No. 16 K/AG/2010 expands the application of wasiat wajibah which, under the Compilation of Islamic Law (KHI), is originally intended only for adopted children and adoptive parents into a solution for contemporary inheritance problems, including for non-Muslim heirs. Through this decision, the Supreme Court determined that parties who are barred from inheriting due to religious difference may still receive a portion of the estate through a mandatory bequest, based on considerations of justice, humanity, and social welfare. This decision is considered consistent with the objectives of Islamic law, particularly the protection of religion, life, and property, because it preserves the core principles of Islamic inheritance law while also providing protection and welfare for those otherwise excluded. The implementation of wasiat wajibah is relevant to Indonesia’s plural society and reflects the orientation of Islamic law toward the public good (maṣlaḥah) of the community. This article recommends: clarifying the regulation of wasiat wajibah in the Compilation of Islamic Law (KHI) including for heirs of different religions; issuing Supreme Court (MA) technical guidelines to ensure consistent and predictable rulings; and strengthening legal literacy/mediation as well as inheritance planning (wills and hibah) to prevent disputes in line with maqāṣid al-sharī‘ah.

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