Gender Perspective in Customary and Islamic Inheritance Law

Abstract

The reality of the heterogeneous history of the Indonesian nation and society has made the inheritance law system in Indonesia plural, consisting of customary, Islamic, and Western laws. The problem is that in the provisions of customary law and Islamic law there are differences in inheritance for women, especially in societies with patrilineal customary kinship systems, even if they are Muslim families, generally, they still carry out the laws that live in their communities. So that in the event of a marriage breaking up due to death, there is no protection for the inheritance even though in CEDAW, gender equality has been declared. This normative research is descriptive and the analysis is done qualitatively. The results of this study indicate that Islamic inheritance law which is God's law cannot be changed, and patrilineal customary inheritance law is still difficult to change, although there are several court decisions related to customary and Islamic inheritance law that has shifted. So for the enforcement of legal equality, judges are needed who are responsive and have a gender perspective.