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Implementation of Munakahat Law and Inheritance Distribution in Modern Muslim Society

alifa, Dara, Agniasari Suryantana, Dara Alifa, Koko Adya Winata
Abstrak

This study aims to analyse the implementation of munakahat law and inheritance distribution amongst modern Muslim communities that are confronted with ever-changing social, cultural, and legal dynamics. Munakahat law and the science of inheritance constitute essential components of the Islamic legal system, governing family relationships and the equitable distribution of estate assets. In practice, however, discrepancies frequently arise between normative provisions and actual conditions on the ground, including unregistered marriages, inequities in inheritance distribution, and the influence of positive law as well as local customary practices. This study employs a qualitative approach utilising a normative-empirical research design, conducted through literature review and analysis of social phenomena within the community. The findings reveal that the implementation of munakahat law and inheritance distribution continues to face numerous challenges, amongst them limited public understanding of Islamic law, cultural factors, and insufficient dissemination of information by relevant institutions. Furthermore, the interplay amongst Islamic law, customary law, and state law significantly shapes prevailing practices. This study concludes that an integrative approach reconciling normative and contextual dimensions is essential in the application of munakahat and inheritance law, alongside enhanced legal education and public awareness, in order to achieve justice and public welfare in accordance with the principles of Islamic Sharia.  

Penerbit
CV Ruang Publikasi Ilmiah
Kata kunci
Implementasi; Munakahat; Ilmu Waris; Hukum Islam; Masyarakat
E-ISSN
3089-0128
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