Who Speaks on Behalf of God in Law? Critical Reflections on Maqāṣid and Wasiat Wājibah for Non-Muslim Heirs in Indonesia

Abstract

This study investigates how divine authority within Indonesian Islamic law is being reconstituted through a critical epistemological lens that combines maqāṣid principles with Derridean deconstructive methods and Foucault's analysis of power-knowledge relationships. Moving beyond traditional frameworks that conceptualize divine authority as an unchanging, timeless quality inherent in legal scripture, the research contends that assertions of authority within Islamic jurisprudence emerge through discursive construction and institutional bargaining shaped by particular historical and political circumstances. With Indonesia as its focal point, the study explores the mediating role of fatwā-issuing bodies and Religious Courts in articulating legal authority within a context marked by plural legal systems and increasing expectations for meaningful justice. This epistemological approach is applied to analyzing the reinterpretation of wasiat wājibah (obligatory bequest) as it pertains to non-Muslim inheritors—a doctrinal evolution that illustrates Indonesia's unique approach to Islamic law within its religiously diverse society. Employing qualitative textual examination and genealogical methodology, the research reveals how deconstructive analysis dismantles fixed dichotomies including divine/human authority and text/context, while maqāṣid al-sharīʿah furnishes normative guidance for ethical reformulation centered on justice (ʿadl), public welfare (maṣlaḥah), and human dignity (karāmah). Results indicate that Indonesian Islamic legal application, especially judicial creativity in inheritance matters, represents a fluid and contextually responsive balancing act between doctrinal commitment and societal conditions. By conceptualizing Islamic law as a developing ethical conversation rather than immutable divine prescription, this research makes theoretical contributions to Islamic legal philosophy and empirical contributions to comprehending contemporary Islamic legal transformation in Indonesia. The study provides insights relevant to fatwā development, judicial interpretation, and wider discussions concerning Islamic law, pluralism, and governance throughout Southeast Asia.