Implementasi Hukum kewarisan Islam di Makassar: Studi Kasus Pembagian Harta Warisan

Abstract

This study aims to examine the implementation of Islamic inheritance law in the practice of wealth distribution in Makassar City. The main focus of this research is to understand the extent to which the community applies the principles of Islamic inheritance law as outlined in the Qur’an, Hadith, and classical fiqh literature, as well as to identify the factors that influence deviations from or adherence to these principles in inheritance practices. This study employs a qualitative approach using a case study method, conducted through in-depth interviews, observation, and documentation of several Muslim families who have carried out inheritance distribution. The findings reveal that the implementation of Islamic inheritance law in Makassar remains partial. Some members of the community comply with sharia provisions, particularly in distributing shares to primary heirs such as sons, daughters, and wives. However, there are also cases where distribution is carried out through family deliberation, disregarding fiqh regulations—for example, equal distribution between male and female heirs or the neglect of certain heirs’ rights. Contributing factors include limited religious understanding, the dominance of local customs, the influence of modernization, and familial considerations.This study recommends strengthening Islamic legal literacy among the community, as well as encouraging active roles of religious institutions and scholars in promoting Islamic inheritance law to ensure its implementation aligns more closely with sharia principles.