Inheritance Distribution in Indonesia: Dialectics of Islamic Law and Social Relations

Abstract

This research examines the practice of inheritance distribution in Indonesian society through a socio-legal approach, focusing on the dialectic between Islamic legal norms and social relations that shape the factual practice of inheritance. Although the Compilation of Islamic Law (KHI) stipulates the provisions of inheritance distribution based on the faraid principle, the practice in the field shows a variety of interpretations and modifications influenced by social structure, local culture, and family dynamics. This research uses a qualitative approach with interviews, observation, and documentation studies on inheritance practices in several Muslim communities, and the data were analysed using thematic analysis through stages of data reduction, coding, categorization, and interpretation to identify emerging patterns and findings. The results show that the norms of Islamic inheritance law undergo transformation when dealing with the patriarchal system, social status, and education level. In addition, there is a pattern of adaptation through family deliberation that emphasises harmony and substantive justice, as well as resistance from those who adhere to the textual interpretation of sharia. The roles of religious leaders, the state and the family are significant in mediating between ideal norms and social practices. The maqāṣid sharia approach is seen as an alternative to reconstruct Islamic inheritance law that is more contextual and responsive to the needs of social justice. This research concludes that inheritance distribution is not only a matter of legal compliance, but also an arena for negotiating values, power and identity in Indonesian Muslim society.