Studi komparatif konsep Mawāni‘ al-Irts dalam fikih Klasik dan fikih kontemporer

Abstract

Differences in the formulation of mawāni‘ al-irts between classical and contemporary Islamic jurisprudence have become a significant issue in inheritance law studies, particularly in response to modern social dynamics. Previous research has discussed various inheritance impediments and the scholars’ arguments behind them, yet it has not specifically examined the methodological distinctions between classical and contemporary legal thought. This article aims to comparatively analyze the concept of mawāni‘ al-irts in classical and contemporary fiqh, identify the factors that influence interpretive divergences, and assess their implications for the development of Islamic inheritance law in Indonesia. This study employs a qualitative method through literature review and normative analysis of classical fiqh texts and contemporary scholarly interpretations. The findings indicate that classical fiqh maintains mawāni‘ al-irts based on hadith and established legal maxims, while contemporary thought proposes reinterpretation grounded in maqāṣid al-sharī‘ah and modern social contexts. The article recommends strengthening contemporary ijtihad methodologies to ensure that future reforms in Islamic inheritance law align with public welfare and current societal needs.