ABSTRACT
This chapter devotes mainly to analyzing the state's behavior towards the different idea of gender justice reflected in Islamic inheritance law in Indonesia. The gender inequality of Islamic inheritance law has indeed been thrown into greater relief by government's efforts towards legal nationalization. In the view of the Supreme Court judges, the judgment of the higher court regarding the delegation by the plaintiffs was wrong in law. The Supreme Court rejected the decisions made in both the primary and higher religious courts, mainly on procedural grounds, but surprisingly did not upholdf the claim of the plaintiffs. The existence of a grey area in Islamic jurisprudence gave the court a window of opportunity to introduce the notion of gender-neutral justice. Islamic inheritance law, however, adopts a different logic in grouping the heirs, although the position of children in the process of allotting the estate is understandably strong.
