Auditorium Prof. Dr. Suwito, MA SPs UIN Jakarta, SPs NEWS – The Graduate School (SPs) of UIN Syarif Hidayatullah Jakarta held the 1723rd Doctoral Promotion Exam in the Auditorium Room of Prof. Dr. Suwito, MA Graduate School on Thursday, August 13, 2026 with promovendus Musyaffa Amin Ash Shabah.

Musyaffa is a student of the Doctoral program in Islamic Studies with a concentration in Sharia. His dissertation is entitled "Progressive Law and Mandatory Wills: A Study of Supreme Court Decisions in 2011-2018".

This research criticizes the steps of the Supreme Court (MA) of the Republic of Indonesia which is considered to further expand the subject of recipients of mandatory wills in its jurisprudence. Using normative legal study methods and a combination of legislative, case, and conceptual approaches, the data was analyzed qualitatively-deductively through the analysis knife of legal discovery theory, progressive legal theory, and maṣlaḥah theory.

In his presentation, Musyaffa revealed three main findings. The first finding highlights the root of the dispute over the obligatory will which stems from the clash between the provisions of faraid law and the sociological reality of the Indonesian Muslim community. The clash manifests itself in the rampant claims of post-death material rights involving four groups of non-heirs, namely adopted children, stepchildren, relatives of different religions, and blocked groups of the womb (dhawī al-arḥām).

The second finding dissects how the Supreme Court Justices apply teleological-sociological reasoning in formulating decisions. Through the analogy construction method to equate the position of stepchildren with adopted children and the narrowing of the law on the rules of different religions and hijab, the judge's considerations are radically transformed. This integration of reasoning changes the basic nature of the will that was originally voluntary (ikhtiyāriyyah) into an imperative obligation (ijbāriyyah).

Furthermore, the third finding reviews the wisdom of the verdict from the perspective of maṣlaḥah theory. Musyaffa emphasized that the reform of the law on the cluster of adopted children, stepchildren, and relatives of different religions has substantively violated the absolute texts of sharia (ijtihad fī mawḍi' al-naṣṣ). As a result, the expansion falls under the category of denied benefits (maṣlaḥah mulgāh).

The exception applies only to the dhawī al-arḥām group, where the extension of the right to a blocked uterine canal is considered a valid form of benefit (maṣlaḥah mursalah). This is because the group still has an attachment based on blood relations (nasab), so that it remains in harmony with the essence of Islamic heritage.

Theoretically, the results of this study strengthen the academic criticism of Nurlaelawati (2003) regarding the inconsistency of the legalization of mandatory wills for non-nasab subjects. At the same time, this dissertation expressly refutes the views of Rahman et al. (2024) and Aden Rosadi (2020) who legitimize the jurisprudence of different religions under the pretext of Human Rights (HAM) and claims of classical fiqh that are considered inappropriate.

In closing, this research complements previous descriptive studies such as the works of Alma'amun et al. (2022) and Daud et al. (2019). Musyaffa's dissertation underlined the importance of the direction of legal reform based on an integrative paradigm in order to maintain the certainty of faraid  law while guarding the sociological justice of Muslim families in Indonesia.

Musyaffa successfully defended his dissertation under the guidance of Prof. Dr. JM Muslimin, MA and Prof. Dr. H. Abd. Rahman, MA, and tested in front of a board of examiners consisting of Prof. Dr. Zulkifli, MA, Prof. Dr. JM Muslimin, MA, Prof. Dr. H. Abd. Rahman, MA, Prof. Dr. Asmawi, M.Ag, Prof. Dr. Kamarusdiana, MH, Prof. Dr. Mesraini, M.Ag.

After paying attention to the writing of the dissertation, the comments of the examiner team and the answers of the promovendus, the examiner team determined that Musyaffa graduated with the title of Very Satisfactory.  Musyaffa Amin Ash Shabah is the 1723rd Doctor in the field of Islamic Studies, doctoral program of the Graduate School of UIN Syarif Hidayatullah Jakarta. (Jay A)