Beyond Exclusion: A Maqasid Based Shadaqah Wajibah Model for Daughter Brother Inheritance Disputes in Indonesia

Abstract

Indonesian Supreme Court jurisprudence treats a daughter as capable of excluding the deceased's siblings from inheritance, whereas classical Sunni jurisprudence generally allows a brother to take the residue as an agnatic heir when no son survives. The resulting tension concerns not only the identification of legal shares but also social acceptance and family conflict after rights have been determined. This study examines the relationship between Islamic inheritance doctrine, the Compilation of Islamic Law, Supreme Court jurisprudence, family deliberation, and the principles of maslahah and maqāṣid al-sharī'ah. It applies normative legal research through statutory, case, conceptual, and functional comparative approaches. The findings show that Indonesian law provides a jurisprudential basis for excluding collateral siblings and a legal space for consensual settlement among heirs, yet it lacks a structured normative protocol distinguishing inheritance entitlement from post-distribution transfers to excluded relatives. The article proposes a Four-Stage Reconciliatory Shadaqah Wajibah Model consisting of rights determination, informed consent, sulh-based voluntary transfer, and legal formalisation. Shadaqah wajibah is defined as a proposed ethical obligation grounded in family welfare, not as a new compulsory inheritance entitlement. The model protects legal certainty while creating a controlled pathway for reconciliation, kinship preservation, and substantive fairness after inheritance rights are definitively determined.