Reassessing Collateral Residuary Inheritance in Indonesia through Al-Sarakhsī’s Al-Mabsūṭ and Supreme Court Jurisprudence
Year: 2026
Type: article
Abstract: This study examines collateral residuary inheritance by comparing al-Sarakhsī’s discussion in Al-Mabsūṭ with the Compilation of Islamic Law and literature on Indonesian Supreme Court decisions. It uses doctrinal research combining conceptual and statutory analysis with a limited examination of judicial materials. The analysis distinguishes kinship-based entitlement, the interpretation of walad as including daughters, and the authors’ proposal to consider care and financial contributions. The cited classical passages do not establish actual economic support as a general condition of residuary entitlement. Judicial literature indicates that the interpretation of walad may affect the position of the deceased’s siblings, but does not demonstrate a general contribution-based rule. The article proposes a conditional and proportionate model for legislative debate, subject to a clear legal basis, protection of fixed shares, and defined evidentiary safeguards. Social contribution alone does not authorize the cancellation of an inheritance entitlement under existing law.
Source: Adagium.
DOI: 10.70308/w62s6393
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225398273