PERAN FIQIH MAWARIS DALAM MEMBANGUN KEADILAN SISTEM WARISAN ISLAM DI ERA MODERN

Abstract

Majulis fiqh is a branch of Islamic law that regulates the distribution of inheritance to heirs based on sharia provisions. The existence of Mawaris fiqh plays a crucial role in realizing justice, legal certainty, and protecting the rights of heirs. In the modern era, social, economic, and technological developments present various new challenges to the application of Islamic inheritance law, such as the emergence of modern forms of assets, low public understanding of inheritance law, and differences between Islamic law and prevailing positive law. This article aims to examine the role of Mawaris fiqh in establishing justice in the Islamic inheritance system in the modern era and to identify various challenges and efforts that can be made to strengthen its implementation. The method used in writing this article is library research, examining various relevant sources, such as the Quran, Hadith, books, and scientific journals. The results of the study indicate that Mawaris fiqh plays a role in ensuring legal certainty, protecting the rights of heirs, preventing family conflict, realizing equitable distribution of wealth, and supporting social justice. Despite facing various challenges in the modern era, the application of Mawaris jurisprudence remains relevant and can be strengthened through increased literacy in Islamic inheritance law, the use of digital technology, the development of contemporary Islamic jurisprudence studies, and the strengthening of the role of educational and religious institutions. Thus, Mawaris jurisprudence can be a crucial instrument in realizing an Islamic inheritance system that is just, transparent, and in keeping with current developments.