Penyelesaian Sengketa Harta Waris melalui Akta Vandanding

Kajian Maqashid Syariah Model Jasser Auda

Abstract

Inheritance disputes essentially arise when one or more parties feel that they have not received their rightful share of the inheritance, prompting them to pursue legal action through litigation. In case decision Number 1776/Pdt.G/Pa.Po, the dispute was resolved through a peace agreement (akta van dading), which granted the disputed inheritance to the defendant, who is the adopted child of the deceased. This peace agreement reflected a mutual consensus among all parties to return the disputed inheritance in full to the defendant, without any distribution to the plaintiffs, who were substitute heirs. This study is library research employing a descriptive-analytical method. It uses an Islamic legal philosophy approach, specifically the maqāṣid asy-syarī‘ah systems theory developed by Jasser ‘Audah. Data collection was conducted through library research. The objective of this study is to assess the alignment of the court decision with the objectives of Islamic law, such as justice and social welfare, while also understanding the relevant social context. Additionally, the systems theory offers room for legal innovation and adaptation, enabling an evaluation of the decision’s impact on society. The findings of this study conclude that the resolution of the inheritance dispute through the peace agreement in Act Number 1776/Pdt.G/2023/PA.PO demonstrates that Islamic law is a dynamic system capable of adapting to social realities and local cultural values, as reflected in Jasser ‘Audah’s six features (cognitive nature, holism, openness, maqāṣid hierarchy, multidimensionality, and purposiveness). This decision not only considers the formal provisions of faraidh (Islamic inheritance law) but also integrates substantive justice through a holistic approach that combines scriptural texts, social context (such as the adopted child’s service and local wisdom in Ponorogo), and the hierarchical objectives of maqāṣid asy-syarī‘ah from the individual to the societal level.