Comparative Analysis of Islamic Family Law and National Civil Law in Protecting Women’s Inheritance Rights

Abstract

This study examines the comparative protection of women’s inheritance rights within Islamic family law and national civil law in plural legal societies. The research aims to analyze the effectiveness of both legal systems in ensuring legal certainty, gender justice, and institutional protection for women involved in inheritance disputes. The study employs a qualitative research method using a comparative socio-legal case study design because this approach enables comprehensive examination of legal norms, judicial interpretation, institutional practices, and socio-cultural influences affecting inheritance implementation. The research was conducted in Jakarta, Yogyakarta, and West Java, Indonesia, selected due to their representation of legal pluralism, active inheritance dispute cases, and the coexistence of Religious Courts and civil courts. The study involved twelve informants consisting of judges, legal scholars, advocates, religious counselors, and women litigants, selected purposively based on expertise and direct experience related to inheritance disputes. The findings reveal that both Islamic family law and national civil law formally recognize women’s inheritance rights; however, implementation remains constrained by patriarchal culture, legal dualism, institutional inconsistency, and limited legal awareness. The study recommends harmonization of legal frameworks, gender-sensitive judicial interpretation, expansion of legal aid services, and public legal education to strengthen substantive inheritance justice for women.