A benefit-based reconstruction of contemporary copyright inheritance in Indonesian Islamic law

Bachri, Syabbul ORCID: https://orcid.org/0000-0002-1687-2087, Mahmudi, Zaenul ORCID: https://orcid.org/0000-0002-5452-039X, Hidayah, Khoirul ORCID: https://orcid.org/0000-0003-1218-1411 and Makkarateng, Ma'adul Yaqien ORCID: https://orcid.org/0000-0003-3181-1263 (2026) A benefit-based reconstruction of contemporary copyright inheritance in Indonesian Islamic law. MILRev : Metro Islamic Law Review, 5 (2). pp. 1205-1233. ISSN 2986-528X

Preview

Text 28589.pdf - Published Version Available under License Creative Commons Attribution Share Alike. Download (503kB) | Preview

Abstract

The transformation of contemporary wealth structures has challenged conventional Islamic inheritance law, particularly regarding the legal status of productive intangible assets such as copyright. Although the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) remains the principal legal reference for inheritance adjudication in Religious Courts, its inheritance provisions continue to reflect an agrarian and tangible-property paradigm, creating normative ambiguity in addressing modern intellectual assets. This article examines the inheritance of the copyrighted Al-Barqy Qur’anic learning method as a case study to evaluate the adequacy of existing Islamic inheritance norms and to propose a reconstruction of productive inheritance within the KHI. Employing an empirical socio-legal approach, this study combines qualitative field data obtained through semi-structured interviews with the heirs of the Al-Barqy copyright and doctrinal analysis of Articles 171(e) and 189 of the KHI, alongside relevant copyright law. Data were analyzed using the interactive model of Miles and Huberman, while normative reconstruction was guided by Fazlur Rahman’s Double Movement theory and Jeremy Bentham’s utilitarianism. The findings show that the Al-Barqy heirs have adopted a hybrid inheritance model combining farā’iḍ-based distribution of economic rights with collective copyright management, preserving both distributive justice and sustainable economic benefit. However, this model lacks explicit recognition within the current KHI framework. This article argues for a benefit-based reconceptualization of Islamic inheritance law by reformulating Article 171(e) to explicitly recognize intangible economic rights as inheritable property and reconstructing Article 189 to redefine productive inheritance as a broader category applicable to all assets whose value depends on collective and sustainable management. This study demonstrates that Islamic inheritance law possesses sufficient internal flexibility to adapt to modern economic realities while remaining faithful to its normative commitment to justice and welfare.

Item Type:	Journal Article
Keywords:	islamic law; copyright inheritance; productive inheritance; kompilasi hukum islam (khi); socio-legal studies
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012816 Mawaris (Inheritance) 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Syabbul Bachri
Date Deposited:	28 Jul 2026 15:42

Downloads

Origin of downloads

Actions (login required)

View Item