Islamic Family and Inheritance Law in Indonesia Conflict, Mediation, and Social Justice in the Distribution of Inheritance

Abstract

Islamic inheritance law constitutes an integral component of the family law system in Indonesia, regulated through the Compilation of Islamic Law (KHI) pursuant to Presidential Instruction No. 1 of 1991 and Law No. 3 of 2006 on the jurisdiction of the Religious Court. This study aims to analyze the implementation of Islamic inheritance law in Indonesia, identify various forms of conflict arising in the distribution of inheritance, and examine available dispute resolution mechanisms, particularly mediation and litigation. A normative juridical method with statutory and case approaches was employed. The findings indicate that inheritance conflicts in Indonesia are triggered by structural factors such as unclear asset inventories, rejection of the 2:1 male-to-female share ratio, and clashes among Islamic law, customary law, and civil law. Resolution through mediation proves more effective in preserving family harmony than litigation. Islamic social justice principles such as takharuj and wasiat wajibah provide essential flexibility to align inheritance distribution with actual family conditions.