THE CONCEPT OF DIVINE JUSTICE IN ISLAMIC INHERITANCE LAW (A Transcendental Comparative Analysis of Indonesia and Brunei Darussalam)

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.