The Principles of Justice and Balance ('Adalah) and Closeness (Qarābah) in the Inheritance of Siblings and Maternal-Siblings in Islamic Inheritance Law

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.