Ahli Waris Pengganti dalam Kompilasi Hukum Islam: Dinamika Perumusan dan Implementasinya dalam Hukum Kewarisan Islam Indonesia

Abstract

This study examines the role and legal status of grandchildren in Islamic inheritance law in Indonesia, particularly through the concept of substitute heirs as regulated in the Compilation of Islamic Law. Although this provision has been extensively discussed in previous scholarship, existing studies have not sufficiently identified the theoretical gaps and practical challenges arising from its application, especially regarding the influence of Hazairin’s legal thought and divergent interpretations in normative and judicial practices. This research aims to analyze the historical formulation, normative construction, and implementation of the substitute heir provision, as well as to assess Hazairin’s contribution to the transformation of the Islamic inheritance system in Indonesia. Employing a qualitative doctrinal approach based on library research, the study analyzes primary legal sources, including statutory regulations and Islamic legal texts, alongside secondary sources such as scholarly books and peer-reviewed journal articles. Data are examined using content analysis to explore the normative implications of the substitute heir concept and comparative analysis to evaluate its consistency with classical Islamic inheritance principles. The findings reveal three dominant perspectives on the substitute heir provision: rejection, acceptance, and conditional acceptance requiring normative revision. This study contributes to the theoretical discourse on Islamic legal reform by clarifying the normative tensions between classical inheritance doctrine and contemporary legal adaptation in Indonesia. Practically, it recommends a reformulation of the substitute heir provision to ensure legal certainty, consistency, and enhanced protection for grandchildren who lose their parents prior to inheritance distribution.