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The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia

Al-Istinbath : Jurnal Hukum Islam · Vol. 8 No. 1 (2023) · hlm. 75–94

DOI
10.29240/jhi.v8i1.5480
ISSN
2548-3382, 2548-3374
Terbit
2023-05-16
Penerbit
Institut Agama Islam Negeri Curup
Bahasa
eng

Abstrak

Inggris

This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.

Bahasa Indonesia

This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.

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14 penulis · 27 tautan kepenulisan bersama · 5 lintas organisasi

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  • Universitas Islam Negeri Imam Bonjol Padang
  • Universitas Putra Indonesia "YPTK"
  • International Islamic University Malaysia
  • Afiliasi tidak diketahui
  • Organisasi berbeda
  • Organisasi sama
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Tampilkan sebagai tabel
Rekan penulisOrganisasiArtikel bersama
Yan FajriUniversitas Islam Negeri Imam Bonjol Padang4
Nurus ShalihinUniversitas Islam Negeri Imam Bonjol Padang2
Yan fajri YanUniversitas Islam Negeri Imam Bonjol Padang2
Siti Mardiyah MardiyahUniversitas Islam Negeri Imam Bonjol Padang2
Fitra NelliUniversitas Islam Negeri Imam Bonjol Padang2
Salma WatiUniversitas Islam Negeri Imam Bonjol Padang1
Zulfan ZulfanUniversitas Islam Negeri Imam Bonjol Padang1
Elimartati ElimartatiAfiliasi tidak diketahui1
Ashabul FadhliUniversitas Putra Indonesia "YPTK"1
Muhammad Hizbi IslamiInternational Islamic University Malaysia1
Asasriwarni AsasriwarniUniversitas Islam Negeri Imam Bonjol Padang1

Afiliasi berasal dari OpenAlex; metadata OAI-PMH jurnal tidak memuatnya. Penulis tanpa ID OpenAlex dicocokkan berdasarkan nama, sehingga dua orang bisa tergabung atau satu orang bisa terpisah.

Sumber metadata: OAI-PMH (metadata jurnal) http://journal.iaincurup.ac.id/index.php/alistinbath/oai, pertama di-harvest 8 Nov 2026, terakhir terlihat 8 Nov 2026.
Metadata asli (oai_dc) 
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	<dc:title xml:lang="en-US">The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia</dc:title>
	<dc:title xml:lang="id-ID">The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia</dc:title>
	<dc:creator>Elfia, Elfia</dc:creator>
	<dc:creator>Surwati, Surwati</dc:creator>
	<dc:creator>Bakhtiar, Bakhtiar</dc:creator>
	<dc:subject xml:lang="en-US">Custom</dc:subject>
	<dc:subject xml:lang="en-US">Inheritance</dc:subject>
	<dc:subject xml:lang="en-US">Sharia</dc:subject>
	<dc:subject xml:lang="id-ID">Custom</dc:subject>
	<dc:subject xml:lang="id-ID">Inheritance</dc:subject>
	<dc:subject xml:lang="id-ID">Sharia</dc:subject>
	<dc:description xml:lang="en-US">This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.</dc:description>
	<dc:description xml:lang="id-ID">This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed before the testator passed away. This is empirical legal research using a qualitative legal approach, which was investigated through the Islamic inheritance law's perspectives. The data included primary data, which were obtained from interviews, and secondary data generated from document studies. Data were analyzed through several stages, including data reduction, data display, and verification. Based on the research findings, the reasons for dividing inheritance before the testator dies are: first, to avoid disputes between the heirs; second, lack of knowledge of the heirs concerning the Islamic inheritance system, resulting in inheritance division contradicts the provisions of Sharia; third, inheritance division pattern applied in society is dominated by customs that have been passed down for generations, and fourth, the diverse community of Minangkabau and Javanese ethnicity causes their inheritance division pattern to reflect their regional customs. The implication of this inheritance division pattern to the heirs is that there is peace for the heirs in terms of inheritance responsibility because they consider the heirs to have had the maturity and ability to manage the assets of their parents who are no longer able to manage these assets. So that it can improve their children's economies or serve as a support for those who are married. These findings also prove the existence of legal duality, namely Islamic inheritance law and customary inheritance law. However, it appears that customary inheritance law is more prevalent than Islamic inheritance law.</dc:description>
	<dc:publisher xml:lang="en-US">Institut Agama Islam Negeri Curup</dc:publisher>
	<dc:date>2023-05-16</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:type xml:lang="en-US">Peer-reviewed Article</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.iaincurup.ac.id/index.php/alistinbath/article/view/5480</dc:identifier>
	<dc:identifier>10.29240/jhi.v8i1.5480</dc:identifier>
	<dc:source xml:lang="en-US">Al-Istinbath: Jurnal Hukum Islam; Vol. 8 No. 1 May (2023); 75-94</dc:source>
	<dc:source xml:lang="id-ID">AL-ISTINBATH : Jurnal Hukum Islam; Vol 8 No 1 May (2023); 75-94</dc:source>
	<dc:source>2548-3382</dc:source>
	<dc:source>2548-3374</dc:source>
	<dc:source>10.29240/jhi.v8i1</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.iaincurup.ac.id/index.php/alistinbath/article/view/5480/pdf</dc:relation>
	<dc:rights xml:lang="en-US">Copyright (c) 2023 Elfia Elfia, Surwati Surwati, Bakhtiar Bakhtiar</dc:rights>
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