Analysis of Maqâshid Sharî’a on Substitute Heir in Compilation of Islamic Law (KHI)

: Analysis of Maqâshid Sharî’a on Substitute Heir in Compilation of Islamic Law (KHI). This study analyzes the application of maqâshid sharî’a (objectives of shari'a) regarding substitute heirs as outlined in article 185 paragraphs 1 and 2 of the Compilation of Islamic Laws the research aims to find out the philosophical basis of maqâshid sharî’a regarding the importance of giving inheritance to substitute heirs. This research is a normative legal research that uses a philosophical approach. Data were collected using literature techniques, then analyzed descriptively qualitatively through maqâshid sharî’a theories. This study shows that the determination of inheritance for substitute heirs in Article 185 is important to realize because it contains many maslahah (benefits) both sociologically and psychologically. The philosophical foundation of maqâshid sharî’a in inheritance for substitute heirs is not only limited to protecting assets ( hifzd al-mâl ) but also to improving their quality of life ( tanmiyah al-nasl wa al-mâl ). Substitute heirs are not enough just to be given assets, they also need care and affection from their extended family. Viewed from the maslahah position, giving inheritance to substitute heirs to improve their quality of life is included as maslahah dharûriyah (urgent needs).


Introduction
The Compilation of Islamic Law (KHI) is a collection of Islamic law materials consisting of three books, 30 chapters, and 229 articles. 1he book contains provisions on marriage law consisting of 9 chapters, 170 articles; inheritance law; including wills and grants, which consists of 6 chapters, 43 articles, also several other provisions contained in 5 chapters, 12 articles, plus one article which is a closing provision. 2e desire for material law to be enforced within the Religious Courts has been around for a long time.However, this desire was only realized after the issuance of Presidential Decree No. 1 of 1991 which legalized the Compilation of Islamic Law as a material for religious court judges' consideration in deciding cases.Through this Presidential Instruction, the President encouraged the Ministry of Religion to socialize the Compilation of Islamic Law so that it can be used as needed, both by government agencies and individuals. 3arents, 6 and inheritance in the form of agricultural land of less the two hectares and used as a collective inheritance. 7 the Compilation of Islamic Law, provisions regarding substitute heirs are regulated in article 185 which reads: (1) Heirs who die earlier than their heirs can be replaced by their children, except for those mentioned in article 173; (2) the share of the replacement heir may not exceed the share of the heir who is the same as the person being replaced.Based on this provision Article 185, grandchildren, both male and female, can inherit sons and daughters jointly and can also replace the position of their father or mother who died earlier. 8e existence of substitute heirs in the Compilation of Islamic Law is a new concept that previously did not exist in classical Islamic inheritance law.The origin of its existence is also a matter of difference of opinion among jurists in Indonesia.Some argue that the concept of substitute heirs in the Compilation of Islamic Law is based on customary law.While some others argue that the provision is based on jurisprudence determined by the judge through the court.Jurisprudence regarding substitute heirs is essentially based on living law, which has been practiced voluntarily for hundreds of years and satisfies the parties who carry it out. 9e provision of Article 185 of the Compilation of Islamic Law is a breakthrough to institutionalize the rights of children and grandchildren to inherit their father's portion if the father dies before his grandfather.The provision also includes a share for granddaughters when the mother dies before the grandfather.Such a rule did not exist in classical Islamic inheritance laws, which, instead, stated that unmarried granddaughters could not replace their mothers if there were sons. 10e discussion of substitute heirs has attracted the attention of several researchers who studied it from various perspectives.Several previous studies that intersect with this research include the Pagar 11 research explains that replacement heirs, as stipulated in Article 185, fulfill a sense of justice and comply with Shari'a.With this replacement, a balanced and equitable system of acquiring assets will be created among all relatives of the heirs, including the protection of the rights and interests of the heirs.Another study was carried out by Habiburrahman 12 who concluded that the concept of substitute heirs in the Compilation of Islamic Law is a concept that is contrary to the Qur'an and hadith.In his view, citing Hazarin's opinion, the concept of substitute heirs in Indonesia is solely based on observations of the conditions of bilateral individuals in Indonesia.Meanwhile, on the other hand, it ignores the inheritance provisions that should be regulated in the Al-Qur'an and As-Sunnah.Similarly, Mukhtar Alamsyah's 13 research which explains that the practice outside the Bireuen Shari'a Court indicates substitute heirs is not acceptable to most people.They argue that the surrogate inheritance system does not have a clear legal source in the Qur'an or hadith.While Sukris Sarmadi's 14 research shows that based on progressive law, the substitute heir in the Compilation of Islamic Law is different from the inheritance system in the Civil Code as well as Hazairin's thinking of the inheritance system for substitute heirs.
The next research is Wahidah Ideham's research15 on the judge's decision in the Banjar Muslim community regarding substitute heirs in the Compilation of Islamic Law from the perspective of gender equality.Furthermore, Khoirudin Hasbalah's study 16 discusses legal pluralism among the people of Aceh in the inheritance system, especially regarding the practice of giving inheritance to substitute heirs.Furthermore, Sukiati's research 17 on the practice of grants for substitute heirs in the Javanese community.Next, Fauzi's research 18 on the concept of "patah titi" in Central Aceh; and Haslinda's research 19 on the inheritance distribution system based on Hazairin's theory.Moreover, another research that also discusses the same topic is Armiadi's research 20 on the views of Dayah scholars regarding the legacy of "broken titi" in Aceh Besar District, 21 and Suwardi Bahtiar's research 22 on the application of substitute heirs in Bone District from the perspective of Compilation of Islamic Law and the Civil Code.This research is different from previous studies because the discussion is focused on the philosophical basis of determining inheritance for substitute heirs from the perspective of maqâshid sharî'a.This research is important to answer doubts about the legal basis for substitute heirs in the Compilation of Islamic Law since the concept of substitute heirs is a series of legal reforms that are not explained explicitly in the Qur'an and hadith.

Research Methods
This type of research is called normative legal research or doctrinal legal research.The approach used in this study is a philosophical, normative approach.The normative approach is used to analyze aspects of legal legitimacy regarding substitute heirs in the Compilation of Islamic Law regulated in Article 185 Paragraphs 1 and 2. Meanwhile, the philosophical approach uses maqâshid sharî'a theory to analyze in depth the impact of problems in determining inheritance for substitute heirs.
The data source used in this study is secondary which consists of primary legal materials, namely Compilation of Islamic Law Book 2 concerning inheritance, coupled with secondary legal materials in the form of books, journals, dissertations, classical and contemporary ushûl fiqh books, and other literature related to Islamic inheritance law.Apart from that, this study also uses tertiary legal materials in the form of legal dictionaries and encyclopedias.The collected âinterpretation of the data juxtaposed with the maqâshid sharî'a theory.

The Concept of Maqâshid Sharî'a among the Classical and Contemporary Scholars
According to Imam al-Shâtibi, maqâshid sharî'a exists to bring about the benefit of mankind both in this world and in the hereafter.The benefit plays an important role, especially, in two aspects, namely: first, to achieve a good life in this world and the hereafter; and secondly, to avoid harm in this world and the hereafter.Thus, if there a rule of law creating problems or even causing harm, then it is away from the goal of shari'a (maqâshid sharî'a). 23As for maslahah (benefit) itself, it is something that is understood as caring for creatures to get goodness and rejecting harm.Law is established not only based on reason but also religious teachings.However, if shari'a does not accept the idea it will be rejected according to the agreement of Muslims. 24slahah is the opposite of mafsadah.Etymologically, maslahah means benefit and goodness. 25Maslahah can simply be interpreted as fulfilling needs, protecting interests, bringing benefits to individuals and society, and avoiding harm.While the meaning of maslahah in terminology, as put forward by Ramadhan al-Bûthi, is everything that brings benefits, which includes various kinds of efforts to achieve positive things or otherwise reject and avoid negative things. 26Meanwhile, Imam al-Shâtibi argues that maslahah is the fulfillment of the needs of human life and obtaining things demanded by emotional and intellectual qualities in an absolute sense. 27-Ghazâli defines maslahah with al-muhâfazhah 'ala maqshûd alshar' i (maintaining the goals of sharî'a).The sharî'a objectives for humans include five protections, namely maintaining and protecting human needs in the fields of (a) religion, (b) soul, (c) reason, (d) offspring, and (e) property.Everything that can protect the main thing is called maslahah, while everything that can damage the five things is called mafsadah. 28ccording to Ziyad Muhammad Ahmadan, not all maslahah can be determined by humans, some have to go through sharî'a stipulations whose provisions can be found in al-Qur'an, Sunnah, or Ijma'.
Najmuddin al-Thûfi has a different view on defining maslahah from the scholars above.Imam al-Thufi defines maslahah as something that can be achieved by reason by itself. 29Al-Thûfi chooses an extreme view of maslahah, where according to his view, maslahah is a source of law that is above texts.So if there is a conflict between maslahah and the texts, the maslahah must be prioritized.Al-Thûfi categorizes maslahah in two ways: (1) maslahah where shari'a purpose is in itself, such as worship; and (2) maslahah where the purpose of shari'a is not contained in it, such as in the matters of muamalah and custom. 30cording to Imam al-Shâtibi, the human benefit can be realized if the five basic elements of human life, namely religion or belief, soul, mind, lineage, and wealth, can also be realized and maintained.Within this framework, Imam al-Shâtibi divides the order and priority scale of maslahah into three ranking orders, namely darûriyat, hajiyat, and tahsîniyat. 31Maslahah darûriyat is the primary maslahah for human life, both in this world and in the hereafter, that must exist as an absolute condition for the realization of life itself.Imam al-Shâtibi emphasized that the main benefit is the core of all teachings in Islam.Maslahah hâjiyat is everything that becomes a secondary human need for human life to be happy and prosperous and to avoid various miseries.While maslahah tahsîniyat is a complement to the secondary needs of life to improve the welfare of human life. 32ntemporary scholars studying maqâshid sharî'a seek to revitalize and reformulate the concept so that it becomes relevant and responsive to solve the increasingly complex problems of Muslims.In the view of contemporary Islamic scholars such as Jaser Auda,33  to society.Therefore, in this contemporary era, the concept of maqâshid sharî'a needs to be deconstructed by orienting it toward people's lives in general which includes national pride, state wealth, and the national economy. 35anwhile, the rapid development of science and technology has affected lifestyles and patterns of social interaction, so that there are no boundaries between one area and another.This rapid development requires that Islamic law change significantly to keep pace with the times, without having to abandon the basic principles that already exist.The rule of fiqh says "maintaining old principles is good, but adopting new ideas is better". 36ntemporary scholars develop the concept of maqâshid sharî'a with a wider scope and conclude it directly from the Qur'an and Hadith, not from classical fiqh literature.In this way, it is hoped that the maqâshid sharî'a produced will not only be limited to the five main points, as stated by the classical scholars but also develop to include issues of human dignity and worth, including women's rights and freedom of religion. 37assical maqâshid sharî'a has a different character from contemporary maqâshid sharî'a.Classical maqâshid sharî'a tends to be personal and preventive in nature, while contemporary maqâshid sharî'a is more social, progressive, and accommodating in protecting human rights.Apart from that, conceptually, classical and contemporary maqâshid sharî'a can be identified through their two pressure points, classical maqâshid sharî'a places more emphasis on aspects of protection and maintenance, while contemporary maqâshid sharî'a places more emphasis on development and rights.The following table illustrates the differences: 38 The development of maqâshid concept carried out by contemporary ulema cannot be separated from the background of thought which considers that the current condition of the Muslim Ummah is very concerning, so that it requires serious efforts to increase its human potential.Jaser Auda emphasized that the development of human resources is an important issue (maslahah 'amm) that must receive attention from contemporary Islamic law.Every rule of law that has a positive impact on the development of human resources must be maintained and improved; Conversely, if it tends to undermine human resources then the legal order must be abolished or rejected. 39It should be noted that Jaser Audah does not reject or ignore the maqâshid of classical shari'a.He only criticizes and, later, develops the concept into a more universal, holistic, and humanistic one.In essence, the core teachings of classical maqâshid sharî'a are still used but are developed according to the current situation. 40

Substitute Heirs' Inheritance in Compilation of Islamic Law
The term "substitute heir" can be interpreted as a replacement in the distribution of inheritance when the heir dies earlier than the heir. 39Ubaidillah and Nuril. 40 In this situation, the children of heirs, who died first, can receive an inheritance that previously belonged to the direct heirs, namely their dead parents.Heirs were not originally heirs but because of certain circumstances became heirs. 41Another definition of a substitute heir is a person whose relationship with the heir is interrupted by another heir but has died earlier than the heir.For example, if the grandfather and grandson relationship is broken by the child, then the grandson will become the successor heir.If the child dies before the grandfather, or if the child is still alive, then the grandson can not become the successor. 42e Compilation of Islamic Law does not provide a special meaning that can be used as a reference in its implementation, both in general and in detail in the elucidation of article by article.Provisions for substitute heirs in the Compilation of Islamic Law are regulated in Article 185 which reads: 43 Paragraph 1; Heirs who die before becoming heirs can be replaced by their children, except for those mentioned in Article 173; Paragraph 2; The share of heirs for the replacement may not exceed the share of the heirs who are the same as those being replaced.
Based on these articles, grandchildren, boys or girls, can inherit jointly.They are not hindered by sons because of their status to substitute their fathers or mothers who have died earlier.As stated by Yahya Harahap, a professor and expert in the field of civil law as well as one of the drafting teams of the Compilation of Islamic Law, the determination of substitute heirs regulated in Article 185 of the Compilation of Islamic Law is based on considerations of a sense of justice and humanity.It is unfair and inhumane to stipulate that a person is not entitled to receive an inheritance that should have been obtained by his father or his mother just because his father or mother happened to die before his 41  grandparents.As stated by Hazairin, the determination of substitute heirs for children whose parents have died earlier than the heirs (grandparents) is not regulated in the Qur'an and hadith, nor is it based on Surah an-Nisa verse 33.Thus, the concept of substitute heirs is more based on mere rational and humanitarian considerations. 44

The Concept of Maqâshid Sharî'a on the Inheritance of Substitute Heirs in the View of Classical and Contemporary Scholars
The concept of substitute heirs, if analyzed through the perspective of maqâsid sharî'a and maslahah, as formulated by Imam al-Ghazâli, al-Juwaini, Imam al-Shâtibi, and others, has a very strong interrelation with the five elements of maqâsid sharî'ah, namely hifzd al-dîn, hifzd al-nafs, hifzd al-aql, hifzd al-nasl, and hifzd al-mâl.
On the one hand, the concept of substitute heirs can be included in the category of property protection (hifzd al-mâl), because this concept strives for the heir's grandchildren to continue to receive a share of the assets that should have been shared by the parents who died first. 45On the other hand, however, if the rights of the substitute heir, who is an orphan, to inherit part of his parents who died earlier, are not fulfilled, then this can also threaten the principle of maintaining his religion (hifzd al-dîn).This is because, in many cases, poverty can plunge people into disbelief.Therefore, by giving them wealth, the orphans can carry out their religious teachings perfectly.Furthermore, when studied further, the concept of maintaining the property and maintaining religion can also be closely related to the concept of hifzd al-nafs (caring for the soul).A healthy and strong body must of course be filled with nutritious food and vitamins.This can be realized if there are treasures that can be utilized.This means that giving the inheritance to substitute heirs is as important as fulfilling one of the maqâshid sharî'a elements namely, taking care of the soul. 4644 Aang Abdul Aziz, 'Analisis Kritis Hukum Terhadap Kedudukan Ahli Waris Pengganti dalam Hukum Keluarga Islam di Indonesia', Asy-Syari'ah, 19.1 (2019): 1-14 <https://doi.org/10.15575/as.v19i1.3506>. 45Abdurrahman. 46Abdurrahman, p. 57.
Having an impact on the maintenance of reason, of course, substitute heirs, who are orphans, must receive education, both religious and general education, to maintain the existence of reason and a better future.Education is very urgent in our lives today, but education is rarely obtained for free, there is a fee to be paid.Therefore, giving an inheritance to a substitute heir will help maintain reason by providing good religious education and helping the general public improve their future. 47Finally, there is also another effect of giving assets to substitute heirs for the maintenance of offspring.If the substitute heir has assets, it will be easier for him to get married and protect his offspring.Since marriage requires a lot of money, giving inheritance to substitute heirs, then, will make it easier for them to maintain offspring. 48bstitute heirs, to survive humanely, really need the care and protection of the five things above.If one of them is not realized, then their life will be threatened and can bring great and prolonged difficulties which may end in misery.Giving inheritance to substitute heirs can provide protection and maintenance.Judging from the hierarchy, this form of maslahah is included in the category of maslahah dharûriyah (a very urgent need).For now, dharûriyyah cannot only be interpreted as a minimum protection but must be extended at least to a certain level that fulfills the need of a person to live properly and to be able to compete with other parties. 49This is what is needed by the substitute heirs, who incidentally are orphans, so that they can live a decent life, at least at a standard level.Substitute heirs who are given full rights to receive inheritance will be able to compete with other people, and not be crushed by the progress of time.Continuous improvement in their quality of life will enable them to move faster in competing with others to produce better and more useful things. 50he concept of maslahah (goodness) and maqâshid sharî'a (the objective of Islamic law) aims to protect and fulfill human needs so that their human interests can be properly protected.By giving assets to substitute heirs, the goal is to help them live a more decent life and get out of the difficulties and tribulations of life can be realized.To test the feasibility of the concept of substitute heirs as stipulated in Article 185 of the Compilation of Islamic Law, one can do this by using the concept of maqâshid sharî'a and maslahah.
There is no pure maslahah in this world.In every maslahah (virtue) there must be an element of mafsadah (vices).Similarly, in every mafsadah there must be an element of maslahah.Thus, something is called maslahah in maqâshid sharî'a if the maslahah element is more dominant than the mafsadah element.If it is associated with the position of substitute heirs, the purpose of determining the rule regarding the matter is to create benefits as well as save them from difficulties because those responsible for fulfilling their needs (parents) have died when they were not yet adults. 51nder such difficult conditions, it would be unfair if they were declared not to have the right to inherit their parent's portion simply because their parents have died; while the grandsons of heirs whose parents are still alive can receive benefits from the inheritance of their parents, but also receive love and meeting the needs of life ideally.This means that granting rights to substitute heirs is a form of justice and benefit for substitute heirs.Although, it must be admitted, that the granting of these rights on the one hand will reduce the share of the main heirs, and the impact of the maslahah (benefit).
Determination of the substitute heir will cause conflict between two mafasadah, on the one hand reducing the portion of the main heir, and on the other hand, it will cause injustice and misery to the substitute heir if this status is not realized.To reconcile conflicts between the two mafsadah, a fiqh rule can be used, saying that if two mafsadah collide then choose the lightest one. 52If examined in more depth, of the two 51 Pagar, p. 130. 52 Abdul Aziz Muhammad Azam, Qawâidul Fiqhiyah (Kairo: Darul Hadist, 2005), p. 25.
mafsadah, the lighter one is the first, namely reducing the portion of the main heir and dividing it with substitute heirs.Granting the right to the substitutive heirs, on the one hand, will indeed reduce the share of the main heir; but on the other hand, the maslahah (benefit) will be greater than the mafsadah, namely creating justice, and conform with the dharûriyah (emergency) needs of substitute heirs.
One thing that needs to be considered is that maslahah cannot be determined simply by following one's desires, but must be in line with the general standards and provisions of the shari'a. 53The use of reason to produce laws relating to matters of benefit cannot stand alone and be separated from naql (textual) argument.Granting inheritance rights to substitute heirs is one way to fulfill aspects of sharia justice as mandated by maqâshid sharî'a or maslahah to create a balanced and equitable inheritance distribution system for all heirs and relatives.With this provision, the rights and the interests of the substitute heirs can be protected and fulfill the dharûriyah need of substitute heirs. 54 related to 'urf (community custom), the concept of substitute heirs can also be found in practices that develop in society.According to Imam al-Shâtibi, customs that live in society and contain great maslahah and are in line with the shari'a can be justified as legal evidence.Therefore, in this sense, a tradition of Achehness, known as "patah titi", is valid and can be accepted as law. 55qâshid sharî'a is one of the important instruments to test a law whether it is following the sharî'a or not.The law should not be concluded solely based on its source (mashâdir al-ahkâm).One must also consider the aspect of its legal objectives (maqâshid sharî'a), that is to realize good for all mankind.If a law is held only based on sources alone, the understanding of what is called Islamic law will become very narrow.Whereas the aspects of maqâshid sharî'a and maslahah according to Imam Mâlik in his concept of maslahah mursalah, are more important 53 Muchamad Coirun Nizar, 'Literatur Kajian Maqâshid Syarî'ah', Jurnal Ulul Albab,  3.5 (2016): l55. 54Nazaruddin and Kamilullah. 55Muhammad Azam.than just protecting the source.As emphasized by Ibn Asyûr, the highest goal of sharia is the realization of justice (maslahah) and the rejection of evil (mafsadah). 56 realize this idealism, we can utilize various sources in formulating laws without having to force explicit explanations from the Qur'an and hadith.This has been done by many scholars and legal experts in Indonesia, including in formulating the concept of substitute heirs in the Compilation of Islamic Law, which was formulated from various legal sources including customary law, civil law, and legal opinions from experts.It should be remembered that the Al-Quran and Hadith, as the main sources of Islamic law, have a limited number of legal verses, so they cannot answer all legal questions that arise in society.For this reason, as long as the law formulated is following the framework of "realizing good and rejecting evil", then this provision can be recognized and seen as fulfilling the element of public legal awareness. 57

Analysis of Contemporary Ulama Maqâshid Sharî'a Regarding the Inheritance of Substitute Heirs
The maqâshid sharî'a approach of contemporary scholars is very relevant to be applied in analyzing the rules regarding substitute heirs.Substitute heirs are legal provisions that are formulated not only based on valid arguments in the Qur'an or hadith but also based on maslahah. 58ntemporary maqâshid sharî'a that is relevant as an analytical tool to protect the rights of substitute heirs is hifzd al-nasl, or maintaining and developing the role of the family institution.The nuclear family is the smallest unit in society consisting of a father, mother, and children.The extended family includes grandparents and siblings. 59When one of the 56  heirs dies in the nuclear family, the extended family plays an important role in maintaining the integrity of the nuclear family, including by continuing to provide inheritance rights that should have existed from the start.This is following the goal of realizing a prosperous family, namely a family that can meet the needs of its members, clothing, shelter, food, education, religion, and social family.In family life, every member wants harmony, happiness, and balance in the family, this can only be realized if there is a balance between family income and the number of family members. 60e family has several functions, namely: a) Religious function.First place for a child to know, instill, grow, and develop religious values so that he becomes a human being who is religious, has a noble character, and has faith and devotion to God Almighty.
b) Socio-cultural function.The family provides opportunities for all family members to develop their diverse potential in one unit.
c) The function of love and affection.Family becomes the main place for a life full of love.This function is very important as the basis and foundation of the relationship between husband and wife, parents and children, children and their siblings, and also kinship relations between generations.
d) Protection function.This function mandates that the family is a place of refuge for its members and a center for security and peace for every member of the family.
e) Reproductive function.This function is natural for the continuity of human offspring from one generation to the next.
f) Socialization and educational functions.The family is the first and foremost place for children to get a good education.This function also provides a role and direction for the family in educating their offspring so that they can adapt their lives to a very complex future.
g) Economic function.Almost all activities of the family and its members require financial support, therefore the family must be an important pillar of economic support for the survival of the family and its offspring.
h) Environmental development function.This function provides support for each family member so that they can position themselves in a harmonious and balanced manner according to the carrying capacity of nature and the environment which can change at any time.
Efforts to realize hifzd al-nasl can be done by carrying out these family functions properly.The measure of successful family functioning is how the family operates as a unit and how family members interact with one another.Above all, family functions must comply with maqâshid sharî'a. 61qâshid sharî'a thinking with a multidisciplinary system approach is very relevant in analyzing the inheritance rules for substitute heirs.This is because the rules regarding the inheritance of substitute heirs are also a system consisting of various elements that are interrelated with each other.The system of surrogate heirs is not only supported by the core elements of the family, namely the father, mother, children, and grandparents but also related to society and the state.To examine this problem, it should not only be seen from one perspective, for example, only from a normative aspect but must also be analyzed from various perspectives.
Scholars and legal experts in Indonesia have made rules regarding substitute heirs to uphold justice for those who are orphans.According to Jaser Audah, in formulating law, the ultimate goal is the most important thing.This is because the legal system was created basically to realize the goal.Likewise with Islamic law, maqâshid sharî'a, which is the core of Islamic law, includes five characteristics of the Islamic legal system, namely cognitive, holistic, openness, inter-level linkages, and multi-dimensional. 62n contemporary maqâshid sharî'a, as stated by Jaser Audah, the rules regarding substitute heirs can be comprehensively covered by hifzd al-nasl, or concern for and development of the role of family institutions.The family has a very important role in the formation of individual character as well as being the most important agent of socialization.In other words, the family has a great influence in internalizing the values and character needed for the nation's future. 63By applying one of the elements of maqâshid sharî'a, which in this case is hifzd al-nasl, in the form of an effort to maintain and develop the role of family institutions as well as realizing family functions properly and correctly, then the essence of maqâshid sharî'a according to the classical concept can be achieved.As an example of the religious function, where the family is the first place to introduce, instill, grow, and develop religious values in children so that they can become human beings who are religious, have noble characters, believe in and fear God, which, at the same time, is the realization of the concept of hifzd al-dîn (guarding religion). 64e realization of hifzd al-nafs is a manifestation of the protection function.Here, the family is a place that can provide a sense of security and peace for every member of the family.Whereas, in the context of realizing hifzd al-aql, the function of the family is the first and foremost place for the process of socialization and education.This function is also a manifestation of the role of the family in educating offspring so that they can adapt to a very dynamic future life.Moreover, in the context of hifzd al-nasl, a family functions as a vehicle for reproduction, which is very important for the continuity of human offspring and supporting the welfare of humanity. 65Finally, concerning the concept of hifzd al-mâl, the family also has an economic function as almost all activities of the family and its members require financial support.In other words, the family must be an important pillar of economic support for the survival of its members and offspring. 66mily is the main socialization agent in shaping the character of each individual.This is because the family has a very big role in internalizing the values and character of each individual.The role of the family in protecting children, especially in this case the substitute heirs who are orphans, is very important for them.Psychologically, children whose parents have died have far greater trauma than children whose parents are complete.Orphans generally feel very lonely and afraid, which then causes feelings of depression, sadness, confusion, and uncertainty about the future of their lives. 67Therefore, families need to pay more attention to them, including protecting them by giving them rights that should be part of their parents, by making them substitute heirs.Paying attention to and defending the rights of substitute heirs is ideal, not only for their interests but also for the interests of society and the nation.The family, as the smallest social institution, has a very big role in the development of a country.This is because one of the important elements of a country is society, which is an entity that is formed from a family, a society to a nation. 68om a sociological perspective, the existence of individuals in three social spheres, namely the smallest units (micro), medium units (meso), and the largest units (macro), have a large contribution to the development of a country, Humans in the smallest social sphere (individuals), to the largest unit (society, state, or even the world) will go through a series of intermediary units, which include groups or organizations (meso).This gives the meaning that building a quality family is the same as efforts to form qualified individuals, which is the smallest unit, to sustain the country. 69rom a psychological perspective, the family has a very large role in an individual's life.The family has some functions such as religious, socio-cultural, love and affection, protection, reproduction, socialization, education, economy, and environmental development functions which must be realized properly.This is because these functions will affect the character and ability of individuals to interact with the environment.Through these functions, it can be seen whether the role of parents in a family has been carried out properly or not.In the case of orphans, whose parents have passed away, the attention of the extended family to realize the above functions is urgently needed.This is because children who do not get good attention from the family will have problems in regulating and expressing their emotions.
The position of individuals in a family, including those who become substitute heirs, is very important.In various sociological and psychological discussions, it is stated that the family has an important role in forming individuals as the smallest unit of society.Families can also give birth to superior generations who can continue the nation's struggle.To realize these ideals, Indonesian Ulemas and legal experts strive to pay attention to the welfare of substitute heirs, who are mostly orphans, and who have been abandoned by their parents.It is hoped that by utilizing the maqâshid sharî'a approach in implementing the provisions of Article 185 of Compilation of Islamic Law, substitute heirs may become qualified individuals, having the opportunity to manage their physical and psychological resources as well as be able to manage the problems that occur in their lives.

Conclusion
Maqâshid sharî'a, which is applied in analyzing the inheritance of these substitute heirs, combines the concept of maqâshid sharî'a formulated by classical scholars with the concept of maqâshid sharî'a formulated by contemporary scholars.Classical maqâshid sharî'a places more emphasis on aspects of protection and maintenance (al-hifzd wa al-' ishmah), while contemporary maqâshid sharî'a focuses on development and rights (alhuqûq wa al-tanmiah).So the findings in this study of inheritance for substitute heirs are not only limited to protecting assets (hifzd al- Thahir Ibnu Asyur, and Yusuf al-Qardhawi, 34 the concept of maqâshid sharî'a put forward by classical scholars is still general in nature and does not include specific goals rule of law in detail.According to them, classical maqâshid sharî'a is still limited to individual life-individual self-esteem and property-not 30 Al Yasa' Abubakar, Metode Istislahiah "Pemanfaatan Ilmu Pengetahuan dalam Ushul  Fikih (Jakarta: Kencana, 2016), p. 36.