The Significance of Maslahah as a Legal Consideration in Family Inheritance

Inheritance law in Indonesia fundamentally constitutes a form of private law predicated on the agreements among heirs who maintain familial ties (by blood). The uniqueness of this study lies in the concept of inheritance being grounded in kinship, wherein relatives (neighbours) voluntarily allocate portions of their property to compensate for the estate of the deceased heir to the legal heirs. This study aims to investigate: 1) the implementation of inheritance based on kinship that occurs in the village of Margoyoso, Jepara, Central Java, and 2) an examination of Islamic law and Maslahah Mursalah concerning the implementation of inheritance. This research adopts a field study approach, employing interviews with blood heirs, religious leaders, and relevant relatives, as well as various villagers serving as informants. The findings indicate that: 1) the implementation of inheritance arises from the close kinship among the testator, heirs, and relatives, which leads to relatives willingly transferring their assets to the heirs. This process is further facilitated by negotiations among family members until a consensus is reached. 2) In accordance with Islamic inheritance law, the practice of inheritance based on kinship is not in contravention of Islamic inheritance law (faraidh), as all heirs receive their rights in alignment with established provisions. Furthermore, from the perspective of maslahah mursalah, the implementation of inheritance adheres to Islamic law as it aims to fulfil Sharia objectives, specifically the preservation of property, the maintenance of social relations, and the promotion of public peace.