Inheritance Dispute Resolution in the Perspective of Islamic Law and National Law

Abstract

Inheritance disputes in Indonesia often involve complex interactions between Islamic law and national law, creating challenges for families, legal practitioners, and courts. This study examines inheritance dispute resolution from both legal perspectives, aiming to identify common patterns, causes, approaches, and challenges in practice. Using a qualitative approach, data were collected through semi-structured interviews with legal experts, judges, religious scholars, and individuals involved in inheritance conflicts, complemented by document analysis of court rulings and legal texts. The findings reveal that disputes frequently arise from misunderstandings of legal entitlements, conflicts between Sharia principles and statutory requirements, complex family structures, and limited awareness of inheritance rights. Islamic courts prioritize fairness, equitable distribution, and reconciliation, while national courts emphasize procedural compliance, evidence, and formal enforcement, sometimes resulting in conflicting outcomes. Effective dispute resolution is achieved when both legal systems are integrated, particularly through mediation that respects Islamic principles while ensuring legal validity under national law. The study highlights the importance of culturally and religiously sensitive mechanisms, enhanced coordination between courts, and public education to prevent and resolve disputes efficiently.