THE CONCEPT OF GENDER EQUALITY IN INHERITANCE ACCORDING TO ISLAMIC FAMILY LAW IN INDONESIA

Abstract

Inheritance remains a central component of Islamic Family Law, shaping how property is allocated among heirs. Despite its normative clarity, the distribution of inheritance often generates debates related to gender justice, particularly when classical interpretations appear to privilege male heirs over female heirs. This study examines the concept of gender equality in inheritance within the framework of Islamic Family Law in Indonesia by analyzing how interpretive diversity, socio-legal dynamics, and evolving gender perspectives influence inheritance practices. This research employs a qualitative normative approach, relying on textual analysis of primary Islamic legal sources (the Qur’an and Hadith), statutory instruments, and relevant scholarly literature. Secondary data are drawn from academic journals, legal commentaries, and court decisions that illustrate contemporary interpretive developments. The study adopts a descriptive-analytical method to explore how principles of gender equality are conceptualized, justified, and applied within Indonesia’s Islamic inheritance system. The findings indicate that efforts to harmonize classical inheritance rules with contemporary notions of gender justice continue to evolve, especially through scholarly reinterpretation and judicial reasoning. The study highlights the importance of sustained dialogue between scholars, legal practitioners, and society to promote an inheritance framework that is both faithful to Islamic legal foundations and responsive to gender-equitable values.