Contemporary Challenges in The Implementation of Faraid Law: A Review in The Context of Nuclear Families and Modern Finance

Abstrak

Faraid law, as an Islamic inheritance distribution system, faces significant challenges in addressing contemporary socioeconomic realities, especially in the context of the nuclear family and the modern financial system. This study aims to critically analyze the obstacles to the implementation of faraid that stem from the dynamics of both contexts. Through a qualitative research method with a doctrinal content analysis approach, this study finds that small and isolated nuclear family structures tend to exacerbate inheritance conflicts. These conflicts often stem from perceptions of injustice in emotional relationships and material contributions to the deceased, which are difficult to measure with rigid faraid distribution. In addition, the existence of complex financial assets such as investment funds, insurance policies, and digital assets creates technical inconsistencies with traditional distribution frameworks, making accurate assessment and distribution difficult. In response to these challenges, this study proposes an integrated framework that includes strengthening faraid literacy among the community, active promotion of Islamic estate planning instruments such as hibah and wasiat to complement faraid, and integration of family mediation as an effective dispute resolution mechanism. In conclusion, adaptation and innovation in this implementation approach are important to maintain relevance, uphold the principles of justice, and preserve harmony among heirs in the modern era, while also ensuring the sustainability of the faraid law itself.