Justice and Gender in Islamic Inheritance Law: A Critical Reassessment of Classical Jurisprudence through Maqasid al-Shariah

Abstract

Gender justice in Islamic inheritance law remains contested, particularly regarding differentiated shares allocated to male and female heirs in classical jurisprudence. Traditionally associated with familial financial obligations, these distributions invite renewed examination as socioeconomic roles change. This study critically evaluates the justification of gender justice in classical inheritance doctrine and explores how Maqasid al-Shariah can guide context-sensitive interpretation without disregarding authoritative legal sources. Employing normative legal research, it combines textual and doctrinal analysis, comparison of classical juristic opinions, and critical Maqasid-based evaluation. The analysis examines Qur'anic inheritance provisions, their jurisprudential interpretations, and relationships among inheritance entitlements, financial responsibilities, and family welfare. Findings suggest that gender justice cannot be adequately assessed through numerical shares alone, nor can changing social conditions automatically justify altering explicit textual allocations. The study proposes a multidimensional framework distinguishing authoritative scriptural provisions, historically developed juristic reasoning, and contextual legal application. Within this framework, Maqasid al-Shariah helps clarify the objectives of inheritance regulation, evaluate interpretive assumptions, and assess consequences for contemporary families while respecting established methodological limits. The study contributes a principled conceptual approach to inheritance justice that recognizes financial responsibilities, avoids equating substantive equality with identical shares, and identifies important questions requiring further doctrinal examination.