AKTUALISASI WARIS ISLAM (FARAID) DALAM POLITIK HUKUM INDONESIA

Abstract

Islamic inheritance law (faraid) is an integral part of the Islamic sharia system, and is an important instrument for maintaining the fair distribution of wealth in Muslim families. This law regulates the distribution of heritage in strict proportions and has been systematized since the early days of Islam. In Indonesia, the majority of the population is Muslim and the legal system is pluralistic. The politics of national law show complex dynamics, accommodating Islamic norms, especially inheritance law, in the midst of the existence of customary law and civil law of colonial heritage. The research aims to analyze the extent to which Islamic inheritance law has gained recognition in the Indonesian legal system. Through a juridical-normative and juridical-empirical approach, the study found that although the Compilation of Islamic Law (KHI) provides a formal space for faraid in the religious justice environment, the harmonization between Islamic legal norms, social practices, and positive laws and regulations still faces various obstacles. Among them are local cultural resistance, dualism of the legal system, and lack of public understanding of faraid principles. Therefore, the actualization of faraid requires an integrative approach that respects the plurality of law, as well as strengthening the position of Islamic law as part of the national legal system through regulatory reformulation, public education, and optimization of the role of state institutions.