The Principle of Proportionality in Islamic Inheritance Law: A Hermeneutical Analysis of Fazlur Rahman’s Double Movement Approach to Inheritance Distribution

Abstract

This article examines the problem of justice in Islamic inheritance distribution, particularly the 2:1 formula between men and women, which in contemporary social realities is often considered no longer reflective of substantive justice. Significant changes in the social and economic structures of Indonesian Muslim society such as the increasing role of women as primary breadwinners and heads of households necessitate a re-reading of Islamic inheritance norms that have traditionally been understood in a strictly textual manner. The central issue of this study concerns how the principle of proportionality can be formulated and applied in Islamic inheritance law through Fazlur Rahman’s Double Movement hermeneutics, as well as its relevance to inheritance practices in Indonesia, especially within the Religious Courts. This research employs a normative juridical method with a conceptual approach and a literature review. Data are obtained from books, scholarly journals, and legal literature on inheritance as well as Fazlur Rahman’s thought. The analysis is conducted deductively, using the Double Movement theory as an analytical framework to uncover the universal moral objectives of the Qur’an and to contextualize them within contemporary social realities. The findings indicate that Fazlur Rahman’s Double Movement hermeneutics provides a strong methodological foundation for understanding inheritance verses dynamically by emphasizing Qur’anic moral values such as justice, egalitarianism, and public welfare (maṣlaḥah). The principle of proportionality in Islamic inheritance is understood as a distributive guideline that considers the balance between rights, obligations, economic contributions, and the social conditions of the heirs, rather than mere mathematical equality. This study affirms that the principle of proportionality is relevant to inheritance practices in Indonesia and can complement the principle of balanced justice contained in Book II of the Technical and Administrative Guidelines for the Religious Courts, as part of efforts to reform Islamic inheritance law in a manner that is more just, contextual, and responsive to the social dynamics of Indonesian Muslim society.

Keywords

• Principle of Proportionality
• Inheritance
• Double Movement.