Juridical Analysis Of Deed Of Settlement (Van Dading) As A Resolution Of Inheritance Disputes Concerning Children Under Islamic Law Study Of Deed Of Settlement Decision Number 98/Pdt.G/2024/Pa.Wgw

Abstract

Islamic inheritance disputes often arise due to conflicting interests and ambiguity in the distribution of estate assets. A deed of settlement (van dading) serves as one legally recognized and binding dispute resolution mechanism, even carrying executorial force when ratified by a court. However, problems emerge when the deed of settlement fails to specify the distribution of inheritance rights clearly, particularly with respect to minor children. This normative legal research examines the legal standing, binding force and juridical analysis of deeds of settlement in Islamic inheritance disputes, concluding that precision in drafting such deeds is crucial to ensure legal certainty, justice and the protection of all heirs' rights.