KEADILAN DALAM PENETAPAN AHLI WARIS PENGGANTI: KAJIAN YURIDIS DAN PERSPEKTIF HUKUM ISLAM TERHADAP PASAL 185 KHI DI PENGADILAN AGAMA AMUNTAI

Abstract

The implementation of Article 185 of the Compilation of Islamic Law (KHI) which regulates the existence of substitute heirs in the inheritance law system of Islam in Indonesia. The main focus of this study is on the aspect of justice in the practice of determining substitute heirs in the Amuntai Religious Court, as well as its correlation with the principles of classical Islamic law. Using qualitative methods and a normative-empirical approach, data was collected through literature studies, court documents, and interviews with local judges. The results of the research indicate that although the concept of substitute heirs is not recognized in classical fiqh literature, the application of Article 185 KHI is carried out with a maqÄá¹£id al-syarī‘ah approach aimed at establishing substantive justice and protecting the rights of orphans. The judges' decisions in the Amuntai Religious Court reflect a contextual ijtihad that bridges the text of classical Islamic law with the social realities of modern society.