Substantive Justice in Women's Inheritance Rights: A Welfare and Deliberation Approach in Indonesia

This article examines the status of women's inheritance rights in Indonesia through a substantive justice approach, grounded in public interest and deliberation. Normatively, Islamic law and positive law have determined the inheritance portion for women, but in practice, injustice often arises due to rigid interpretations and social practices that marginalise women. This research employs a qualitative normative method, incorporating legal hermeneutic analysis and the maqāṣid al-syarī‘ah approach, to assess the relevance of justice values in the contemporary context. The results suggest that a reinterpretation of inheritance law is necessary to ensure the public interest and provide opportunities for women in accordance with their contributions and socio-economic conditions. Family deliberation has proven to be an effective mechanism for achieving fair agreements without neglecting religious norms. The integration of public interest and deliberation can be an alternative model for upholding substantive justice for women in Indonesia.