Pembagian Waris Substantive Justice Perspektif Ulama di Kecamatan Parenggean Kabupaten Kotawaringin Timur

Abstract

This study examines the practice of equal inheritance distribution between male and female heirs in Parenggean District, East Kotawaringin Regency, and the different views that local ulama hold toward the practice. Indonesian Islamic inheritance law sets specific shares, including the 2:1 ratio for sons and daughters in Qur’an 4:11 and Article 176 of the Compilation of Islamic Law (KHI). Some families, however, consider equal distribution a way to preserve family harmony and prevent disputes. This empirical legal study uses a qualitative approach. It draws on interviews with five local ulama and one community member involved in an inheritance distribution, field observation, and relevant legal and scholarly sources. The analysis compares the informants’ arguments with the Qur’an, KHI, and contemporary discussions of substantive justice, maslahah, and consensual settlement. The findings identify two positions. Two ulama allow equal distribution only after every heir knows the share determined under faraid and freely agrees to a settlement. Three ulama reject equal distribution when it replaces or disregards the Qur’anic inheritance rules. The study argues that researchers and practitioners must distinguish the determination of inheritance rights under faraid from a subsequent voluntary settlement among competent heirs. Article 183 of KHI provides a relevant legal framework for consensual settlement, but it does not justify coercion or unilateral deprivation of an heir’s rights.