The Role of Islamic Inheritance Law with a Maqasid al-Shariah Approach in Addressing the Challenges of Social Justice for Women

The suppression of women's inheritance rights, particularly prevalent in rural areas of Pakistan, reflects a societal dominance by males. Often framed as an emblem of gender inequality within Islam, the practice of women receiving half the inheritance share compared to men is a subject of controversy. This study aims to provide nuanced arguments and rationale supporting the practice within the context of Islamic law. Contrary to perceptions of discrimination, the study contends that the apparent gender bias stems from a failure to effectively implement Islamic inheritance laws in the community. Emphasizing women's inheritance rights as crucial for their socioeconomic and political empowerment, the research explores the range of choices available to women and the challenges they encounter in exercising these options autonomously. The study particularly delves into the urban and rural areas of Sindh, shedding light on the prevalent lack of awareness among women regarding their inherited rights as per Islamic principles and Pakistani law. Taking an ontological stance in its interpretive faculty and adopting an epistemological perspective aligned with social constructionism, the study identifies several socio-cultural factors influencing women's choices. These factors include the patriarchal system, misinterpretation of religious teachings, lack of awareness, restrictive legal systems, and limited educational opportunities. In response to these challenges, the study recommends initiatives to promote awareness of the legal avenues available to women for asserting their inheritance rights. It also underscores the critical role of female education in empowering women to make informed choices. By addressing these issues, the study advocates for a more equitable implementation of Islamic inheritance laws, aligning societal practices with the intended principles of gender equality inherent in both Shariah law and the Constitution of Pakistan.

The issue of inheritance has always been a focal point in society, particularly when addressing the bilateral principle, which ensures property distribution to male and female heirs in Islamic law. The difference in inheritance rights between men and women remains a subject of debate in both Sunni and Shia applications. Shia inheritance law emphasizes equity by granting women recognized inheritance rights alongside men at all levels, while Sunni law follows specific Quranic guidelines that often result in unequal shares. Shia jurisprudence accords women the same status and rights as men in terms of their recognition as legitimate heirs within the family hierarchy. This research examines the mechanisms of inheritance distribution in Shia jurisprudence through a gendered lens, focusing on its implications for women's rights and their position in Islamic inheritance frameworks. This normative legal research adopts a gendered approach to Islamic inheritance law. The secondary data related to Sunni and Shia inheritance rules were traced manually and online from OJS websites. The data were analyzed using content analysis and then narrated through data reduction, display, and verification techniques. The research found that the Shia concept of inheritance distribution involves two categories of heirs: dzawil furudh (heirs with fixed shares) and qarabah (relative heirs). Heirs not included as dzawil furudh (heirs with fixed shares) as specified in the Qur'an and Hadith are classified as qarabah, which includes both male and female relatives based on proximity to the deceased. In determining their rights, Shia addresses the issue of gender while still applying the provisions of the texts regarding the share of men and women. Men and women at the levels of descendants (furu'), parents (ushul), siblings, and parents' siblings (hawasyi) have recognized inheritance rights, with shares determined based on Quranic guidelines. Second, Shia inheritance law consistently applies the bilateral principle, ensuring that women are granted inheritance rights alongside men in accordance with the Quranic 2:1 distribution ratio. This highlights that from a gender perspective, Shia jurisprudence demonstrates a more inclusive approach toward women's inheritance rights, emphasizing equity and recognition within its legal framework.

This article proves that the modernization of inheritance law is a form of reformation in Islamic law by taking into account the sociological condition of the society to achieve maslahah (maqasid al-shariah). Islamic inheritance law is influenced by the Arabic inheritance law in the pre-Islam era that followed patrilineal system, which influenced the mainstream thoughts of Islamic scholars in understanding inheritance law. This, in turn, resulted in patriarchal Islamic inheritance law. For that reason, it is necessary to re-interpret the law in order to construct a comprehensive fiqh (Islamic law). Hazairin’s thoughts are a revolutionary of inheritance law in Indonesia, such as bilateral inheritance, ahli waris pengganti and kala>lah. Some inheritance law reform contained in KHI are not addressed in conventional fiqh, because there are several aspects to be taken by Indonesian scholars whose ideas are not in conflict with the principles of Sharia (maslahah).

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

Basically, inheritance law is closely related to the scope of human life, because every human being will certainly experience a legal event called death. Inheritance law in Indonesia is very diverse, namely civil inheritance law, customary inheritance law, and inheritance law according to Islamic Teachings. The purpose of this research is to find out the fairest inheritance law, between civil inheritance law, customary inheritance law, or Islamic inheritance law. The problem under investigation is which one the fairest? The method that used in this research is qualitative method with a utility approach. The results showed that none inheritance law is fairest, civil inheritance law, customary inheritance law or Islamic inheritance law that fair. Everything is fair according to its usefulness. Civil inheritance law is fair if used for those who use it, Islamic inheritance law is fair to those who are Muslim and customary inheritance law is fair for those who apply it. The advice given is the application of inheritance law should be adjusted according to its usefulness. Keywords: Inheritance Law, Civil Inheritance Law, Customary Inheritance Law, Islamic Inheritance Law.

Indonesia is a country that does not adhere to Islamic teachings in terms of law; in terms of inheritance itself, Indonesia adheres to three applicable laws, namely, inheritance law according to Islam, civil inheritance law originating from the Civil Code, and customary inheritance law. Islamic inheritance law and customary inheritance law certainly have different provisions and have their own characteristics. Therefore, the author wants to explain more deeply the division of inheritance in Islamic law and customary law in this article. In compiling this article, the author uses qualitative descriptive research, which is a type of library research with sources from journals, books, and other scientific works. In this study, researchers concluded that customary inheritance law and Islamic inheritance law have similarities in the distribution of inheritance, but customary inheritance law sometimes does not comply with the provisions in Islamic inheritance law, such as it is required that the heir must die, in customary inheritance law the heir does not have to die, meaning that the heir must die. Inheritance may be divided when the heir is still alive; not only that, in Islam, men get two parts, and women get one part, but in customary inheritance law, things like that sometimes do not apply. However, they are divided equally between men and women. What makes the difference between the distribution of Islamic and customary inheritance law is that in customary inheritance law, there is a principle of individuality and balance. With the principle of balance, the distribution of inheritance can differ from one another.

The purpose of this research is to discuss the comparison of the legal position of substitute heirs based on Islamic inheritance law with the inheritance law according to the Civil Code. The research results show that Islamic Inheritance Law is a law that regulates the transfer of inherited property from heirs to heirs, called inheritance law, which in Islamic law is known by several terms such as: faraidl, Fiqh Mawaris, and others. Inheritance law in the Civil Code is defined in the Civil Code's inheritance law in the Civil Code and is not explicitly stated, but legal experts provide or state the meaning of inheritance law in the Civil Code.

The Unitary State of the Republic of Indonesia itself has three inheritance legal systems in its implementation, namely based on local customary law or customs, religious law or beliefs adopted such as Islamic inheritance law, and there are also laws that are made and arranged in such a way by legislators such as inheritance law. Civil Code. In Indonesia, the three types of legal systems live in society according to the beliefs and religions of each community. This writing will examine specifically the comparison of inheritance that applies in Indonesia, namely "Customary Inheritance Law" with "Islamic Inheritance Law". Inheritance will take place if the testator dies and the heir to the inheritance. In the Minangkabau tribe itself in terms of inheritance from the past until now adhered to the matrilineal system or based on the maternal line, in other words, in the inheritance system, the degree of women was higher than that of men. The problem that will be raised in this study is how the distribution of inheritance in the Minangkabau tribe and comparing the inheritance system based on "customary law" with "Islamic law" and what obstacles are caused in the distribution of inheritance in the Minangkabau tribe. With this comparison, it is hoped that it can be seen and differentiated between pure inheritance law and customary inheritance law and which are included in the receptie theory. This study uses a field research method, with a comparative approach that is descriptive in nature. The data used are primary data and secondary data and draw conclusions based on descriptive-analytic-qualitative. The research conducted includes qualitative causality research. The purpose of this study is the results of this study indicate that there are differences and similarities between Minangkabau customary inheritance and the compilation of Islamic law itself.

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.

The Hindu inheritance law allows for the possibility of inheritance for female children, though with a reduced share. Interpretations of religious norms are often disregarded in customary legal systems with the argument that Hinduism does not endorse double obligations. The customary inheritance law used by the Hindu community in Lombok, Indonesia, is based on Hindu inheritance laws interpreted according to local customs or village traditions. Different interpretations in each region regarding women's inheritance rights worsen the fulfillment of women's inheritance rights. Therefore, in line with the evolution of jurisprudence towards the fulfillment of women's inheritance rights, such as the shift from patrilineal to parental principles in Islamic inheritance, this study proposes the reexamination of the justice principle in Hindu inheritance law practiced by the Balinese indigenous people in Lombok. This reexamination should consider their unique characteristics and distinguish them from the Hindu community in Bali. As a basis for protecting women's rights in Hindu inheritance law, this becomes crucial for inclusion in a national legal framework.

This study is motivated by the existence of inequality that disregards Islamic inheritance principles in Islam such as the principle of 'adalah and the principle of qarabah in the distribution of inheritance involving full-siblings when inheriting together with maternal-siblings, where the amount to be received by full-siblings is far less than that to be received by maternal-siblings, Although it is known that full-siblings are the closest relatives by blood to the deceased compared to other relatives, whether they are maternal-siblings or paternal-siblings. Therefore, this study aims to discuss Islamic inheritance law based on the concept of justice ('Adalah) and family closeness (Qarabah) in Islamic inheritance. This study uses a qualitative approach with a library research method. The data were gathered from Islamic inheritance law books, journals, proceedings, and Islamic law compilations in Indonesia. The results of this study indicate that Islamic inheritance law is definitive in terms of the shares of heirs because it is based on clear textual wording, but in terms of operational distribution, it is uncertain. The concept of sudus al-baqi and thuluth al-baqi can be applied in inheritance cases involving full-siblings and maternal-siblings. The concepts also align more closely to the principles of ‘adalah and qarabah compared to the traditional methods practiced thus far. We conclude that the application of inheritance law in Islam will continue to refer to the definitive arguments mentioned in the Quran and hadith while still considering the principles of inheritance that have been agreed upon by scholars as an implementation of Islamic law, but in its operational level, it can be developed based on existing facts.

Regulations regarding inheritance in Indonesia still have pluralism, namely Islamic inheritance law and civil inheritance law. Civil inheritance law is further divided into civil inheritance law which is subject to the Civil Code and civil inheritance law which is subject to customary inheritance law (sourced from customary law which is different in each region). The diversity in the law cannot be found from the classifications in society that have been carried out since the colonial era. The division of the Indonesian population is based on Article 131 IS and Article 163 IS. (Indische Staats Regeling).
 The Jambi City Seberang community is one of the Jambi city community communities whose population is predominantly Muslim. In distributing inheritance they have various guidelines, some are guided by Islamic inheritance law, some are guided by customary inheritance law. However, the majority of the people prefer customary inheritance law. However, in practice the implementation of inheritance distribution uses Islamic inheritance law, customary inheritance law and grants. The objectives of this study are: 1. To find out the mechanism for the distribution of inheritance in the Seberang City Jambi community 2. To find out the application of the law in the Seberang Jambi City community in obtaining legal certainty. This research uses qualitative research, the type of research is case study, data collection is done by interview, field observation, and documentation. After the data is obtained, then it is analyzed and the results can open the mechanism of inheritance distribution in communities across the city of Jambi, namely: determining the distribution of inheritance if a single husband and wife and more than one wife, then separating the inheritance into 3 parts, namely heavy assets, light assets and Seko, secondly, the application of the law of inheritance distribution across the city of Jambi is that all heirs divide their inheritance by combining customary inheritance law and Islamic inheritance law based on the belief that they have implemented customary law that they have had for generations but not leave Islamic inheritance law as the basis for the beliefs they profess and believe in. All research results are in written form that is neatly arranged and detailed.

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

Indonesia imposed three legal systems, namely western law, Islamic law and customary law, each of which has its own arrangements, including inheritance arrangements, in particular on the provisions of the replacement heirs. The legal arrangement of inheritance regarding the provisions of the replacement heirs there are similarities and differences of position which are set by each legal system, especially between Islamic inheritance law and inheritance law according to the Civil Code. The research method used by the method of juridical normative in the form of theory, concept and idea about the comparison of surrogate heirs between Islamic inheritance law with the law of inheritance according to the Civil Code. In the research conducted, the authors obtained the result that the position of the surrogate heirs in the inheritance of Islam formulated tentatively in Article 185 paragraph (1) KHI and in the Civil Code formulated in Article 841-848 Civil Code. Differences of substitute heirs according to the Law of Inheritance of Islam with the Law of Inheritance according to the Civil Code one of which is the right that the substituted heirs obtain is not necessarily the same as the right of the person to be replaced, nor shall it be exceeded from the part of the heir equal to that which is replaced, but may be reduced. According to the inheritance law of the Civil Code of the section to be obtained the heirs who replaced his father’s position exactly the same as the part that should have been his father if his father still lives from the heir.

This research focuses on legal pluralism in Indonesia, where the Karo kinship structure (Daliken Si Telu), which includes Merga, Kuta, Kalimbubu, Anak Beru, and Sembuyak, interacts with Islamic inheritance law in the inheritance practices of the Karo Muslim community, creating potential tension between patrilineal customary norms (which prioritise men as inheritors of communal assets) and Islamic faraid provisions (which guarantee women's inheritance rights). The aim of this research is to analyse the influence of these kinship structures on the implementation of Islamic inheritance law, examine the process of adaptation and negotiation between the two legal systems, and evaluate the role of customary leaders and religious scholars in harmonisation. Using a legal-anthropological approach and descriptive qualitative methods, data was collected through participatory observation, in-depth interviews with IMKA UNIMED students, and analysis of customary and legal documents in Medan. The results of the study reveal that: (1) Karo kinship structures influence inheritance distribution through the separation of property categories immovable property (kuta land, traditional houses) is retained within the merga system for male children, while movable property (savings, livestock) is distributed according to Sharia law; (2) harmony is achieved through customary deliberation (runggu) involving customary leaders and religious scholars to formulate a ‘dual track’ agreement, as well as a benefit-sharing mechanism for communal assets; (3) customary leaders and religious scholars act as key mediators bridging customary values and Sharia law, resulting in notarised minutes formalised in the Religious Court. The research conclusion affirms that the interaction between the Karo kinship system and Islamic inheritance law is not a diametric conflict, but rather a dynamic negotiation process that combines cultural preservation with gender justice through the active role of local actors.