Problematics of Inheritance Document Disputes and Their Solutions Perspective of Islamic Law and Positive Law

Abstract

Inheritance disputes are often complex problems involving legal, social and psychological aspects. In the context of Islamic law and positive law in Indonesia, there are significant differences in the regulation and resolution of inheritance disputes. Islamic law, which regulates inheritance based on sharia principles, emphasizes the fair and equitable distribution of inherited assets in accordance with the provisions of the Koran and Hadith. In contrast, Indonesian positive law, which refers to the Civil Code (KUHPerdata) and other laws, uses principles that may differ in terms of inheritance distribution, including recognition of customary law and court decisions. Problems arise when there is a discrepancy between these two legal systems, especially in matters of distribution of inheritance involving heirs with different religious and cultural backgrounds. Legal uncertainty, conflicting interpretations, and procedural differences can exacerbate inheritance disputes and hinder the resolution process.
This abstract aims to identify and analyze problems that arise in inheritance disputes both in the context of Islamic law and positive law. In addition, possible solutions to resolve the conflict will be discussed, including mediation approaches and harmonization between the two legal systems. By understanding the differences and similarities in inheritance arrangements, it is hoped that a fair and effective middle way can be found in resolving inheritance disputes in Indonesia