COMPARISON OF ISLAMIC INHERITANCE LAW IN
INDONESIA AND SOMALIA
Info Artikel Abstract
The implementation of Islamic law in Somalia is always influenced
by customary law, this also affects the distribution of heirlooms
(inheritance). Because the Somalia region was originally a British
colonial area that was a protectorate under India, in the beginning
the Indian and British law was also enforced. Comparison of Islamic
Keywords : inheritance laws in Indonesia and in Somalia, so far we understand
Inheritance distribution; that the distribution of heirlooms is based on an-Nisa verse 11, the
Division of boys and girls; distribution of boys is twice the division of girls, but in Somalia the
Somali Law distribution of boys is the same as girls . This writing uses juridical
normative methods that use primary legal material, for example
statutory regulations and legal theory, as well as secondary legal
materials, for example books, thesis, and related journals.
I. Introduction
Islamic inheritance law regulates the transfer of assets from someone who has died to
someone who is still alive. These rules regarding the transfer of property are called by various
names. In Islamic legal literature, several terms are found to name inheritance law, such as:
Faraid, Fiqh Mawaris, and hukmal-Waris. This difference in naming occurs because of the
difference in direction which is used as the main point in the discussion. However, the word
commonly used is faraid as used by an-Nawawi in Mihaj al Thalibin's book.
The law on individuals (al-ahwâl al-syakhshiyyah) is a field that is not only considered
important, but also considered the most fundamental in Islamic law. This is because the Qur'an
pays great attention to legal issues related to the family, such as marriage, divorce, and
inheritance, than other legal materials. Because of the fundamental nature of legal issues related
to individual problems, N.J. Coulson and Esposito argue that family law is the bulwark of
Islamic law. In this sense, family law represents a core of religion and Muslims in general
consider that obeying the principles of this rule as a criterion of religious obedience, both
individually and collectively. Therefore, it seems reasonable why Islamic law on personal status
generally remains valid in Islamic countries.
Somalia is located on the African continent and has a population of approximately 6.5
million people, of which 99% are Muslim. Muslims here generally use the Imam Shafi'i school
of thought. Because the majority of the population is Muslim, Islamic law applies here. They
, divide Islamic law (Islamic law) into two groups, namely the law on individuals and family
law. The implementation of Islamic law in Somalia is always influenced by customary law, this
also affects the distribution of inheritance. Because the region of Somalia was originally a British
colony and was a protectorate area under India, Indian and British laws were initially also
enforced. Then in 1865 there was a change of leadership, since then there have been several
exchanges of regulations and legislation, for example the 1875 regulations, then the creation of
the 1908 civil law, then expanded with the law of engagement and marriage according to
custom which was confirmed in 1938. In 1937 all of them were determined as qadhi legal
ordinances1.
More specifically, this article will discuss the comparison of Islamic inheritance law in
Indonesia and in Somalia. So far, what we understand is that the distribution of inheritance
based on Surah An-Nisa verse 11 is the distribution of sons twice the distribution of daughters,
but in Somalia the distribution of sons is the same as that of daughters. In Indonesia, there was
also an idea by Prof. Dr. H. Munarir Sjadzali MA, to give which part to male and female heirs.
2. Research Methods
This writing uses a normative legal method that uses primary legal materials, for
example laws and legal theories, as well as secondary legal materials, for example books,
theses, and related journals. The legal approach used in this writing is the Conceptual
Approach and Statute Approach. What is meant by the Conceptual approach is by using
views and doctrines in legal science that are relevant to the issue to be discussed, the
statutory approach is carried out by examining laws and regulations related to the legal
issue being handled.
3. Literature Review
First, a journal written by Ahmad Syafi'i SJ and Suad Fikriawan, e-Journal Al-
Syakhsiyyah Journal of Law and Family Studies, Vol. 3 No. 2 (2021), yang berjudul
“PEMBARUAN HUKUM KELUARGA ISLAM: Studi Kasus Hukum Waris di Somalia.” This
journal discusses the distribution of inheritance in Somalia which is based on the articles of the
Somali Family Law Law No. 23 of 1975 which has undergone drastic changes, especially in
terms of the distribution of inheritance from the Islamic inheritance system in general and from
the mainstream schools of thought that are developing. This journal also discusses Somalia
which also uses the ijtihad method by providing a completely new interpretation of the existing
texts. This is reflected in the existing inheritance law material, including articles 158 and 160 of
Law No. 23 of 1975, as mentioned above. Article 158 states that men and women have the same
rights in the distribution of inheritance. While article 160 also regulates in detail that a wife who
is left by her husband gets half of the inheritance if there are no children or grandchildren, and
gets a quarter if there are children or grandchildren. It can be concluded in this journal that the
distribution of inheritance aims to elevate the status of women by providing equal shares
between men and women. This is based on the principles of the socialist revolution that
emphasize aspects of social justice and equal human rights. This also means that some of
Somalia's laws have moved away from traditional concepts as stated in the books of Islamic
jurisprudence.
Second, a journal written by Muhammad Salahuddin, Volume 21 Nomor 2 Tahun
2023, Jurnal Ilmiah Ar-Risalah, yang berjudul “Kesetaraan Gender Dalam Pembaharuan
1Pratama, A., Sari, N. R., & Rachmatulloh, M. A. (2022). Hukum Keluarga Islam di Somalia. Al-Adillah: Jurnal
Hukum Islam, 2(2), 86-95.
INDONESIA AND SOMALIA
Info Artikel Abstract
The implementation of Islamic law in Somalia is always influenced
by customary law, this also affects the distribution of heirlooms
(inheritance). Because the Somalia region was originally a British
colonial area that was a protectorate under India, in the beginning
the Indian and British law was also enforced. Comparison of Islamic
Keywords : inheritance laws in Indonesia and in Somalia, so far we understand
Inheritance distribution; that the distribution of heirlooms is based on an-Nisa verse 11, the
Division of boys and girls; distribution of boys is twice the division of girls, but in Somalia the
Somali Law distribution of boys is the same as girls . This writing uses juridical
normative methods that use primary legal material, for example
statutory regulations and legal theory, as well as secondary legal
materials, for example books, thesis, and related journals.
I. Introduction
Islamic inheritance law regulates the transfer of assets from someone who has died to
someone who is still alive. These rules regarding the transfer of property are called by various
names. In Islamic legal literature, several terms are found to name inheritance law, such as:
Faraid, Fiqh Mawaris, and hukmal-Waris. This difference in naming occurs because of the
difference in direction which is used as the main point in the discussion. However, the word
commonly used is faraid as used by an-Nawawi in Mihaj al Thalibin's book.
The law on individuals (al-ahwâl al-syakhshiyyah) is a field that is not only considered
important, but also considered the most fundamental in Islamic law. This is because the Qur'an
pays great attention to legal issues related to the family, such as marriage, divorce, and
inheritance, than other legal materials. Because of the fundamental nature of legal issues related
to individual problems, N.J. Coulson and Esposito argue that family law is the bulwark of
Islamic law. In this sense, family law represents a core of religion and Muslims in general
consider that obeying the principles of this rule as a criterion of religious obedience, both
individually and collectively. Therefore, it seems reasonable why Islamic law on personal status
generally remains valid in Islamic countries.
Somalia is located on the African continent and has a population of approximately 6.5
million people, of which 99% are Muslim. Muslims here generally use the Imam Shafi'i school
of thought. Because the majority of the population is Muslim, Islamic law applies here. They
, divide Islamic law (Islamic law) into two groups, namely the law on individuals and family
law. The implementation of Islamic law in Somalia is always influenced by customary law, this
also affects the distribution of inheritance. Because the region of Somalia was originally a British
colony and was a protectorate area under India, Indian and British laws were initially also
enforced. Then in 1865 there was a change of leadership, since then there have been several
exchanges of regulations and legislation, for example the 1875 regulations, then the creation of
the 1908 civil law, then expanded with the law of engagement and marriage according to
custom which was confirmed in 1938. In 1937 all of them were determined as qadhi legal
ordinances1.
More specifically, this article will discuss the comparison of Islamic inheritance law in
Indonesia and in Somalia. So far, what we understand is that the distribution of inheritance
based on Surah An-Nisa verse 11 is the distribution of sons twice the distribution of daughters,
but in Somalia the distribution of sons is the same as that of daughters. In Indonesia, there was
also an idea by Prof. Dr. H. Munarir Sjadzali MA, to give which part to male and female heirs.
2. Research Methods
This writing uses a normative legal method that uses primary legal materials, for
example laws and legal theories, as well as secondary legal materials, for example books,
theses, and related journals. The legal approach used in this writing is the Conceptual
Approach and Statute Approach. What is meant by the Conceptual approach is by using
views and doctrines in legal science that are relevant to the issue to be discussed, the
statutory approach is carried out by examining laws and regulations related to the legal
issue being handled.
3. Literature Review
First, a journal written by Ahmad Syafi'i SJ and Suad Fikriawan, e-Journal Al-
Syakhsiyyah Journal of Law and Family Studies, Vol. 3 No. 2 (2021), yang berjudul
“PEMBARUAN HUKUM KELUARGA ISLAM: Studi Kasus Hukum Waris di Somalia.” This
journal discusses the distribution of inheritance in Somalia which is based on the articles of the
Somali Family Law Law No. 23 of 1975 which has undergone drastic changes, especially in
terms of the distribution of inheritance from the Islamic inheritance system in general and from
the mainstream schools of thought that are developing. This journal also discusses Somalia
which also uses the ijtihad method by providing a completely new interpretation of the existing
texts. This is reflected in the existing inheritance law material, including articles 158 and 160 of
Law No. 23 of 1975, as mentioned above. Article 158 states that men and women have the same
rights in the distribution of inheritance. While article 160 also regulates in detail that a wife who
is left by her husband gets half of the inheritance if there are no children or grandchildren, and
gets a quarter if there are children or grandchildren. It can be concluded in this journal that the
distribution of inheritance aims to elevate the status of women by providing equal shares
between men and women. This is based on the principles of the socialist revolution that
emphasize aspects of social justice and equal human rights. This also means that some of
Somalia's laws have moved away from traditional concepts as stated in the books of Islamic
jurisprudence.
Second, a journal written by Muhammad Salahuddin, Volume 21 Nomor 2 Tahun
2023, Jurnal Ilmiah Ar-Risalah, yang berjudul “Kesetaraan Gender Dalam Pembaharuan
1Pratama, A., Sari, N. R., & Rachmatulloh, M. A. (2022). Hukum Keluarga Islam di Somalia. Al-Adillah: Jurnal
Hukum Islam, 2(2), 86-95.
