Reconceptualizing Inheritance Law in Indonesia’s Islamic Compilation (KHI): A Normative Reassessment Through the Lens of Ibn Mas‘ud’s Jurisprudence

The Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) in Indonesia, particularly in its inheritance provisions, continues to exhibit normative gaps that may result in inequities in the distribution of estates. This study seeks to reconceptualize key aspects of inheritance law in the KHI by drawing on the jurisprudential perspectives of the Prophet’s companion, Ibn Mas‘ud. Using a juridical-normative methodology, enriched with conceptual and comparative approaches, the article examines eight core areas of Islamic inheritance law: the inheritance rights of grandchildren as ashab, the legal position of granddaughters in the presence of daughters or great-grandchildren, the status of consanguine and uterine siblings, inheritance rights of cousins, the application of the radd principle, and the hijab (exclusion) mechanism involving grandfathers. The findings reveal that Ibn Mas‘ud’s reasoning prioritizes substantive justice and maslahah (public interest), diverging from the jumhur ulama who typically adhere strictly to classical doctrines of furudh and qiyas. His approach demonstrates greater adaptability to contemporary socio-legal realities, especially in protecting the rights of heirs who may otherwise be marginalized under a rigid framework. Based on these insights, the article proposes a reinterpretation of several KHI provisions, particularly those concerning heir eligibility, the rights of siblings and cousins, and the standing of grandfathers and granddaughters. This reconceptualization aims to foster an Islamic inheritance law framework in Indonesia that is both doctrinally grounded and socially responsive.

Authors

Institutions

Publication Details

Journal
Sakina Journal of Family Studies
Published
2025-09-01
DOI
https://doi.org/10.18860/jfs.v9i3.16043
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Reconceptualizing Inheritance Law in Indonesia’s Islamic Compilation (KHI): A Normative Reassessment Through the Lens of Ibn Mas‘ud’s Jurisprudence

Muhammad Harahap, Jibran Hafidz
Sakina Journal of Family Studies
Marriage and Family Dynamics
article

Reconceptualizing Inheritance Law in Indonesia’s Islamic Compilation (KHI): A Normative Reassessment Through the Lens of Ibn Mas‘ud’s Jurisprudence

Muhammad Harahap, Jibran Hafidz
article en

Abstract

The Compilation of Islamic Law (Kompilasi Hukum Islam, KHI) in Indonesia, particularly in its inheritance provisions, continues to exhibit normative gaps that may result in inequities in the distribution of estates. This study seeks to reconceptualize key aspects of inheritance law in the KHI by drawing on the jurisprudential perspectives of the Prophet’s companion, Ibn Mas‘ud. Using a juridical-normative methodology, enriched with conceptual and comparative approaches, the article examines eight core areas of Islamic inheritance law: the inheritance rights of grandchildren as ashab, the legal position of granddaughters in the presence of daughters or great-grandchildren, the status of consanguine and uterine siblings, inheritance rights of cousins, the application of the radd principle, and the hijab (exclusion) mechanism involving grandfathers. The findings reveal that Ibn Mas‘ud’s reasoning prioritizes substantive justice and maslahah (public interest), diverging from the jumhur ulama who typically adhere strictly to classical doctrines of furudh and qiyas. His approach demonstrates greater adaptability to contemporary socio-legal realities, especially in protecting the rights of heirs who may otherwise be marginalized under a rigid framework. Based on these insights, the article proposes a reinterpretation of several KHI provisions, particularly those concerning heir eligibility, the rights of siblings and cousins, and the standing of grandfathers and granddaughters. This reconceptualization aims to foster an Islamic inheritance law framework in Indonesia that is both doctrinally grounded and socially responsive.

Sakina Journal of Family StudiesVol. 9(3)
Al-Azhar University (EG), Universitas Islam Negeri Maulana Malik Ibrahim (ID)
Openalex Percentile: Top 69%
Marriage and Family Dynamics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.