Legal Analysis of the Implementation of Maqashid Syariah in Inheritance System in Indonesia

Abstract

This study aims to analyze the implementation of Maqashid Syariah in the inheritance system in Indonesia. Maqashid Sharia is a fundamental principle in Islamic law that aims to safeguard five main things: religion (hifdzud-din), soul (hifdzun-nafs), intellect (hifdzul-aql), heredity (hifdzun-nasl), and property (hifdzul-maal). In the context of inheritance law, these principles are a guide in regulating the distribution of inheritance in order to create justice, balance, and benefits for the heirs. Given that Indonesia has an inheritance law system that is derived from Islamic law, it is important to examine the extent to which the principles of Maqashid Syariah have been implemented in these rules. This study uses a juridical-normative method with a conceptual and legislative approach. Primary data is obtained from the Compilation of Islamic Law (KHI) and regulations related to inheritance law in Indonesia, while secondary data is collected from various scientific literature on Maqashid Sharia and Islamic law. The analysis was carried out to examine the relationship between the prevailing inheritance law norms and the principles of Maqashid Sharia, especially in the aspects of property protection (hifdzul-maal), justice for heirs, and how the value of maslahat is reflected in religious justice practice in Indonesia. The results of the study show that although the provisions of the inheritance law in Indonesia have incorporated the basic principles of Maqashid Sharia, there are several challenges in its implementation. One of the main problems is the imbalance in the protection of the rights of female heirs, which is still a debate in the practice of inheritance law. In addition, it was found that there is a gap between normative rules and social reality, where cultural and customary factors often affect the distribution of inheritance, thus potentially hindering the achievement of substantive justice. This study recommends strengthening the principles of Maqashid Sharia in the inheritance system through the revision of inheritance law policies that are more inclusive and fair. This study also encourages collaboration between scholars, legal practitioners, and the government to strengthen the integration between Islamic law and national law, so that the principles of benefit and justice can be applied more effectively in inheritance practices in Indonesia.