October 15, 2025Pena Justisia Media Komunikasi dan Kajian Hukum

Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective

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Authors

ASAsrianti SukirmanSunan Gunung Djati State Islamic University Bandung OMOyo Sunaryo MukhlasSunan Gunung Djati State Islamic University Bandung SKSiah Khosyi’ahSunan Gunung Djati State Islamic University Bandung

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Implication

This analysis examines gaps in inheritance law among customary, Islamic, and civil systems, suggesting reforms based on maqasid sharia and Pancasila values.

Key Points

Customary law preserves property but faces challenges in protecting vulnerable groups within inheritance systems.
While Islamic law provides a systematic approach to distributive justice, it lacks flexibility for contextualization.
The study identifies a need for normative reconstruction of inheritance law to align with maqasid sharia principles.
Reforming inheritance law by integrating customary practices with national standards promotes fairness and inclusivity.

Cite This Study

Sukirman et al. (2025) studied this question.

synapsesocial.com/papers/68efa18f9d05deea71d13de7 https://doi.org/10.31941/pj.v24i2.6570

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Implication

This analysis examines gaps in inheritance law among customary, Islamic, and civil systems, suggesting reforms based on maqasid sharia and Pancasila values.

Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective

Discussion

Member takes

Implication

Key Points

Cite This Study

Harmonization of Customary Inheritance System and National Law: A Study of Maqasid Sharia Perspective

Discussion

Member takes

Implication

Key Points

Cite This Study

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Also Consider