Juridical Disparity In Interfaith Inheritance Law: A Comparative Study Between Islamic Law And Positive Law In Indonesia

Abstract

The plurality of religions in Indonesia presents significant challenges to the multidimensional implementation of the existing inheritance law. A particularly complex issue arises when heirs possess differing religious beliefs, which may occur due to interfaith marriages among parents or individual conversions of the heirs themselves. This divergence in faith introduces a dualism of norms, as it contrasts the exclusive normative provisions of Islamic law with the inclusive approach espoused by Indonesian positive law, which seeks to promote substantive justice. This current research aims to investigate the juridical disparities within interfaith inheritance law through a normative juridical approach and comparative analysis. The findings indicate that the absence of an integrated legal framework results in legal uncertainty and leads to interpretative gaps that adversely affect individual civil rights. Consequently, this research advocates for the reformulation of national inheritance law arrangements and policies, emphasizing a foundation of sustainable and equitable legal pluralism.

Keywords: Interfaith Inheritance Law; Islamic Law; Positive Law; Pluralism of Law