STUDI PEMIKIRAN 4 MAZHAB DAN YURISPRUDENSI TENTANG KEWARISAN ORANG MURTAD

Abstract

This study aims to analyze in depth and reconstruct the concept of religious difference as a barrier to inheritance rights under Islamic law, while also examining how this provision is applied and adapted within the national legal system in force in Indonesia. The research employs normative-juridical and comparative approaches through comprehensive library research, reviewing primary sources including the Holy Quran, Prophetic traditions (Hadith), the established opinions of the four major schools of Islamic jurisprudence, the Compilation of Islamic Law, and relevant judicial decisions issued by the Supreme Court of the Republic of Indonesia. The findings reveal that the prohibition of mutual inheritance between individuals of different religions is interpretive (ijtihadi) in nature, rather than an absolute rule explicitly stated in the sacred texts. The true legal rationale behind this provision lies in the existence of enmity or the complete severance of social and family bonds, and not merely in formal differences in religious belief. Through the progressive development of jurisprudence, judges have found a fair and practical solution by granting access to these rights through the mechanism of mandatory bequest, thereby preserving the original legal framework while ensuring substantive justice and harmony within society. The study concludes that a careful reconstruction of this understanding is necessary to ensure that Islamic inheritance law remains dynamic, consistent with constitutional principles, and capable of addressing the diverse needs and realities of contemporary Indonesian society.