The Legal Status of Women in Islamic Inheritance Cases and the Dynamics of Court Decisions Highlighting the Gap Between Islamic Legal Norms and the Need for Social Justice

Abstract

This study examines the legal status of women in Islamic inheritance cases and the dynamics of court decisions that reveal tensions between Islamic legal norms and contemporary demands for social justice. The research aims to analyze how judicial interpretation mediates this gap and shapes women’s inheritance rights in practice. A qualitative research method is employed using a socio-legal and doctrinal interpretative design, chosen to integrate normative Islamic law analysis with empirical examination of judicial reasoning. The research is conducted within the Indonesian Religious Court system, selected due to its formal application of Islamic inheritance law within a plural legal framework. Data were collected through analysis of court decisions and semi-structured interviews with six key informants, including judges, legal scholars, practitioners, and court officials, selected purposively for their expertise and institutional roles. The findings demonstrate that courts increasingly apply contextual and purposive reasoning influenced by maqāṣid al-sharīʿah, legal pluralism, and social justice considerations, resulting in flexible interpretations that prioritize substantive fairness for women. The study recommends strengthening judicial guidance and doctrinal development that explicitly integrates social justice objectives into Islamic inheritance.