Islamic Inheritance Law Reform in Indonesia from the Perspective of Islamic Legal Politics: Strategies and Implications

This research will critically examine the reform process in the Compilation of Islamic Law and find the need for legal reform in the Compilation of Islamic Law in Indonesia. This research is a normative legal research which seeks to examine the need for reform in the Compilation of Islamic Law in Indonesia and the process of legal reform in the Islamic Law Compilation and its relevance to the principles of reforming Islamic law. In its discussion, this research is nature descriptive-analytical in, which describes the factors that cause the need for reform of Islamic law, the process and output of legal reform which is contained in the Compilation of Islamic Law and then analyzes its relevance to the principles of reforming Islamic law. This research uses a conceptual approach, a statute approach and a historical approach. Theories Supporting Islamic Law Reform: the theory of the rule of law, the theory of sociological jurisprudence (Eugen ehrlich), the theory of qaul qadim and qaul jaded Imam Syafi'I, Ibnul Qayyim al-Jauziyah's theory of changes in Islamic law due to changes in time, place and circumstances, theory Maqashid al-syari'ah from al-syatibi and the theory of utilitarianism from Jeremy Bentham. The findings of this study are that Islamic law reform in Indonesia is very necessary because substantially Islamic law has a transformative and dynamic character throughout its history, and socially Islamic law which generally has Middle Eastern nuances needs to be adapted to the social conditions of Indonesian society so that Islamic law continues to exist and is worthy of being national legal materials in our country. The objectives and process of legal reform in the Compilation of Islamic Law are generally relevant to the principles of Islamic law reform (ushul-fiqh theory) regarding legal reform, with some notes regarding Article 185 concerning replacement of heir positions (plaatvervulling) and Article 209 concerning mandatory wills. for adopted children and adoptive parents.

Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI Substitute heirs are a form of renewal of Islamic law in Indonesia which is then sublimated in the statutory regulations contained in the Compilation of Islamic Law (KHI). The granting of inheritance rights to substitute heirs is the result of ijtihad which is influenced by the sociological conditions of Indonesian society which also has three inheritance law systems, namely civil inheritance BW, Islamic inheritance and customary inheritance. The concept of inheritance in Indonesia at the practical level influences each other considering that the three inheritance models are applied in Indonesia. This research will reveal the concept of inheritance of substitute heirs contained in KHI which is different from the concept of inheritance contained in fiqh books whose designation has been explained in detail qath’i in the text. This type of research is descriptive qualitative based on literature research with analysts data through a descriptive critical analysis approach resulting in a responsive understanding of Islamic inheritance law. This study concludes that the granting of inheritance rights to substitute heirs is a form of modernization of inheritance law in Indonesia by considering the benefit side but creates several legal consequences by making Islamic inheritance law a law that is zanni dilalah so that it can be ijtihad, causing legal uncertainty and undermining the legal order of Islamic inheritance which is the consensus of the ulama. Keywords: Substitute heirs, Islamic inheritance law, KHI

In this journal, the author conducts research on how the views of students of the 2021 law study program, Law Faculty, at Islamic University of Indragiri regarding inheritance law in Indonesia, as it is known that students at UNISI embrace Islam and of course also have studied and understood everything and the law regarding inheritance, whether it is Islamic inheritance law, inheritance law according to civil law or customary law itself, because basically it is not just one law that this student is studying but there are several other laws that are also being studied. In addition to religion, these students also come from diverse ethnic and cultural backgrounds, making it possible to be influenced by the perspective of these students to analyze the dynamics of inheritance law in Indonesia. In writing this journal, the author uses field research methods that use a sociological normative juridical approach, where this research is a qualitative research with data and information collection techniques using observation and interview methods. In this journal the authors found the results of this study, namely (1) that in the view of students and female students of the UNISI Law Faculty in 2021 regarding the dynamics of inheritance law in Indonesia, some of these students thought that even though there were dynamics of inheritance law in Indonesia, they believed that inheritance law based on Islamic law is the fairest law of the two other laws, namely civil law and customary law, (2) as other students have the opinion that every person who is domiciled or an Indonesian citizen has the right to choose which inheritance law they want to use in resolve disputes or problems in the inheritance law in accordance with the wishes and agreement of the heirs of the disputing families, but the best is to use Islamic inheritance law because Islam highly upholds justice especially those who are Muslim should use legal Islamic inheritance in determining the inheritance problem itself, (3) and some other students and female students assume that the dynamics of inheritance law in Indonesia is an impossibility, in essence, if there is a word of deliberation and consensus, then the issue of inheritance can be carried out properly.

It is found in many cases that children whose fathers died before the grandfathers live in poverty, while the fathers’ brtothers live in sufficiency. Although, among many cases there is some dispensation in which grandfathers make his will to their orphaned grandchildren, they often die before doing so. Islamic inheritance law in Indonesia stated in KHI (the Compilation of Islamic Law) has introduced the new model of heirs substitute institution in handling cases of children whose fathers die before the gradfathers, as stated in article 185. This study is to investigate and analyzes the implementation of heir’s substitution of the Malay community in Langkat. The formulation of the problems in this study is: (1) How was socity perspective about heirs substitute as inheritance law reform in Indonesia? (2) How it was implemented in the society? This study uses qualitative method, particularly phenomenological approache; this study found that the absence of the implementation of heirs of the Malay society is related and influented by Islamic and customary law as rules in Malay society.

This paper explains about the application of inheritance law in Indonesia which is strongly influenced by three law systems such as Islamic law, customary law, and Western law. At the beginning of Islam in Indonesia, Islamic law is very dominant in the implementation of Islamic inheritance law which is intergrated with culture and tradition among Muslim society. In Colonial period, the government of Dutch East Hindia started to establish Western law for European and East Asian people. But for the Muslim citizens in Indonesia was implement­ting the combination of Islamic law and customary law. In the independence period, the political of law has been changed through unification and codification of Islamic law into the Indonesia rules formally, including in the application of Islamic inheritance law. As long as this policy, Islamic inheritance law in Indonesia has a characteristic of the combination between Islamic law and customary law.

During this time, science Mawaris only studied in the Islamic legal literature, which is still general science. The distribution of inheritance follows what has been mentioned in the Qur'an and al-Sunnah and there are additions from the ijtihad results of the Companions in the Arab countries. The structure of Indonesian people's life which is different from the Arab community, makes the Islamic Inheritance Law appear rigid and difficult when applied in Indonesia, so that many Muslims in Indonesia prefer adat inheritance law. Through the literature study method, writing examines as well as disseminates information related to the Compilation of Islamic Law that is used to implement Islamic inheritance law in Indonesia that is not widely known by the public. Indonesian ’ulama who have studied mawaris, are trying to formulate Islamic inheritance law by considering the conditions of Indonesian society, so that this Islamic inheritance law can be accepted by Indonesian Muslims. The efforts of the 'ulama bore fruit with the birth of the Compilation of Islamic Law, even though its status is still the President's instruction and has not been made official as a law. But it has been applied in the Religious Courts and is disseminated and reviewed in tertiary institutions.

Problem statement: The reform of Islamic inheritance law in Indonesia is an urgent necessity, given the challenges of the modern era that demand laws that are more adaptive and contextual. The primary issues encountered include the incompatibility between classical Islamic inheritance law and the needs of contemporary society, particularly concerning gender equality, flexibility in the distribution of inheritance, and the recognition of the principle of mutual agreement among heirs. Objective: This study aims to explore the wasatiyyah theory as a foundation for the reform of Islamic inheritance law, with the objective of achieving a balance between Sharia values, social conditions, and the principle of public interest. Methods: The study employs a qualitative methodology with a legal-normative approach. Data sources were obtained through the analysis of legal documents and literature pertinent to this research. This study also utilises descriptive and argumentative analysis to connect the theory of wasatiyyah with the concept of inheritance law reform. Results: This study indicate that the theory of wasatiyyah can provide a robust foundation for reforming Islamic inheritance law in Indonesia. This theory emphasises balance between Sharia texts and social context, thereby facilitating agreement among heirs and promoting more equitable flexibility in inheritance distribution. The novelty of this research lies in the formulation of an integrative approach that is not only oriented towards Sharia norms but also considers aspects of social justice and public interest. Conclusion: This research contributes to providing a new perspective in the study of Islamic law, particularly inheritance law, that is more relevant to the needs of contemporary society.

The policy of developing formal Islamic inheritance law by the government of the Republic of Indonesia is closely associated with the spotlight of the world news, particularly concerning the consequences of international relations and agreements. Referring to this matter, the disclosure of the meeting point of formal Islamic inheritance law in Indonesia and international law is highly required as an effort to create world harmony and build knowledge for the international community who interacts with Indonesian citizens or when dealing with formal Islamic inheritance law in Indonesia. Through the application of the descriptive method, it can be found that the meeting point of Islamic inheritance law in Indonesia with public international law occurs at the meeting of articles 23 of the UDHR and articles 2, 3 and 23 of the ICCPR with several articles in the compilation of Islamic law Book II and some dynamic religious court judges' decisions. Meanwhile, the meeting point with private international law is at the primary and secondary linkage point as well as on the lex site and lex patriae principles.

Along with the development of human civilization in Indonesia, the changes and reform of Islamic inheritance law so as to conform to the conditions and culture cannot be denied. The distribution of inheritance in Indonesia can be done automatically by storing the rule of Islamic inheritance law in the expert system. In this study, we analyze the knowledge of experts in Islamic inheritance in Indonesia and represent it in the form of rules using rule-based Forward Chaining (FC) and Davis-Putman-Logemann-Loveland (DPLL) algorithms. By hybridizing FC and DPLL algorithms, the rules of Islamic inheritance law in Indonesia are clearly defined and measured. The rules were conceptually validated by some experts in Islamic laws and informatics. The results revealed that generally all rules were ready for use in an expert system.

This research discusses the implementation of Islamic Inheritance Law for Muslims in Indonesia, which in its application is still not fully implemented for Muslim heirs. When referring to the Law, Muslim heirs are obliged to divide the inheritance property by Islamic law, but in practice in Indonesia, many heirs still use customary law and civil law (Burgerlijk Wetboek) based on various reasons. The purpose of this research is to find out the implementation of Islamic Inheritance Law for the Muslim Population in Indonesia. This research method uses the Law approach method, which is carried out by analyzing various laws and regulations related to the field of Inheritance Law. Based on the results of the research, Islamic Inheritance Law cannot be implemented in Indonesia for the Muslim population because Indonesian society is still influenced by customary inheritance law, either following the individual-patrilinial, matrilineal or bilateral-collective inheritance system. Apart from the strong influence of tradition or customary law, another obstacle is that Muslims do not fully understand the concept of justice and equality in Islamic inheritance law, especially when it comes to the portion of sons and daughters. It is necessary to formulate a national inheritance law system by taking into account the general principles of inheritance and accommodating each inheritance law system in the country.

Islamic inheritance law is stigmatized due to its rigidity and conservativity. The rigidity and conservatism of Islamic inheritance can be seen in the view that Islamic inheritance rules cannot be changed or modified. In addition, the assumption of Islamic inheritance rules does not consider the social developments that occur over time. This research aims to explore how Islamic inheritance law is applied in Indonesia and how contextualization is carried out in response to existing stigma. This research employs a qualitative study with a normative juridical approach. The research data is derived from documents and texts on Islamic inheritance law and concrete cases of contextualization of Islamic inheritance law in Indonesia in different situations and contexts. The data are analyzed using descriptive interpretative techniques with the application of Amina Wadud's hermeneutics of tauhid. The research findings indicate that Islamic inheritance law in Indonesia has undergone contextualization, thus negating the negative stigma attached to Islamic inheritance. Contextualization is achieved by understanding and advocating Islamic inheritance law in the Indonesian context, reconstructing the basic concepts of Islamic inheritance law according to the Indonesian context, and promoting the resolution of inheritance conflicts through consultation and mediation. This research offers a model of inheritance division applied in Indonesia that is contextual and flexible based on Amina Wadud's hermeneutics of tauhid.

The enforcement of justice in Islamic inheritance law is an integral part of the transcendent mission of Islamic law, which seeks to promote the welfare of society through the fair and equitable distribution of wealth. This research aims to examine and compare the implementation of Islamic inheritance law in Indonesia and Brunei Darussalam from the perspective of divine justice and transcendent values. The method used is a juridical-normative approach, incorporating comparative legal analysis, and is supported by secondary data, including regulations, court decisions, and relevant literature. The findings reveal that although both countries recognize Islamic law as a source of law, there are significant differences in the regulatory aspects and the application of transcendental justice principles. Indonesia tends to adopt a compromise between positive law and Islamic law, while Brunei is more consistent in applying Islamic law comprehensively through the Islamic Family Law Act. This study emphasizes the importance of aligning state law with divine values, thus facilitating the realization of substantive justice in contemporary Islamic inheritance practices.

The currently applicable inheritance law in Indonesia is pluralistic in nature since it is formed collectively by adat, Islamic, and western legal systems; not to mention the diverse custom, ethnicity, and belief. Hence, codification of bilateral inheritance law that could address differences in our inheritance and kinship system is needed. Islamic Inheritance Law is a law that regulates heritage treasure of someone who has passed away and given to the beneficiary.Indonesia has set the Compilation of Islamic Law Islamic law of inheritance, such as heirs and inheritance. In the Compilation of Islamic Law, there are several updates to the law of inheritance that do nothave in the past, suchas the division of the estate for the adoptedchild, the adoptive parents, and non Muslim heirs. It makes the writer feel compelled to study deeper the Islamic law of inheritance in IslamicLaw Compilation by using glasses philosophy of law.Indonesian Inheritance Law uses a school of sociology law. The school ofsociology law is in accordance with the conditions of the community because it takes into account the existing customs in the community

This study aims to explore the harmonization between Islamic inheritance law and positive law in Indonesia, within the context of a pluralistic society. Islamic inheritance law is strongly based on the Qur'an and Hadith, while Indonesia's positive law is governed by the Civil Code (KUHPer) and various other regulations. The fundamental differences between these two legal systems often lead to uncertainty and injustice in the distribution of inheritance, particularly regarding gender issues and the inheritance rights of non- Muslim heirs. Using a qualitative approach and descriptive-analytical methods, this research identifies the differences and similarities between Islamic inheritance law and positive law, while also analyzing the efforts made toward harmonization. Data was collected through literature reviews, interviews with legal experts, and legal document analysis. Content analysis techniques were used to identify key themes relevant to the harmonization of the two legal systems. This research is expected to provide policy recommendations that can strengthen the harmonization of inheritance law in Indonesia, aiming to create a fair, relevant, and contextually appropriate legal system for a pluralistic society. The study also hopes to contribute to improving public understanding of the importance of legal harmonization in maintaining social justice and reducing conflicts related to inheritance distribution.

This research examines inheritance law in Indonesia which is very pluralistic and not uniform, consisting of civil inheritance law regulated in the Burgerlijk Wetboek (WB), customary inheritance law regulated in their respective customary inheritance laws based on the existing kinship system (patrilineal, matrilineal, and parental), and Islamic inheritance law regulated in Islamic law. In heading towards the unification of inheritance law in Indonesia, there are challenges and opportunities that must be faced due to the diversity of religions and cultures that exist in Indonesia. This research uses normative research methods. The subject matter will be studied juridically normative and juridically philosophical with a systemic and comparative juridical approach. The nature of this research is descriptive, namely describing the overall object that is explored and collected systematically. The approaches used in this research are statute approach and conceptual approach. In this research, library materials in the form of secondary data are used as the main source. Secondary data includes primary legal materials, secondary legal materials and tertiary legal materials. These various data can be obtained through literature studies or online data searches. Data collection provides verification, correction, supplementation, and itemization of each other. Will be analyzed qualitatively after being collected. The results of this study, to unify inheritance law in Indonesia can be done by adjusting the elements of the applicable legal order within the framework of the legal system. In each legal system consists of 3 (three) sub-systems, namely legal substance, legal structure, and legal culture. Furthermore, to create opportunities for the unification of inheritance law in Indonesia, the steps that can be taken are studies and research related to the inheritance law system that applies in Indonesia; dialogue and discussion between stakeholders; submitting proposals and discussions at the legislative level to make rules for the unification of inheritance law in Indonesia; conducting socialization and education to the public about the importance of unification of inheritance law; and after the unification of inheritance law is passed, implementation and evaluation of its implementation are carried out.