Analisis Pemikiran Fikih Kewarisan Hazairin

Abstract

This study explores the legal philosophy and interpretations of Hazairin, a prominent Indonesian legal scholar, with a focus on his thoughts regarding inheritance law. Hazairin advocated for a synthesis between Islamic law and customary (adat) law, aiming to construct a legal framework that reflected the pluralistic nature of Indonesian society. His approach to inheritance law emphasized bilateral kinship—recognizing both maternal and paternal lines—which contrasted with the patrilineal focus prevalent in many Islamic traditions. By analyzing Hazairin’s writings and legal opinions, this paper examines how his theories contributed to the development of a unique Indonesian Islamic legal identity. The study also evaluates the relevance and application of his ideas in contemporary inheritance disputes, offering insight into the broader discourse on legal pluralism and the integration of religious and customary laws in modern legal systems.