Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Zurifah Nurdin
Universitas Islam Negeri Fatmawati Sukarno

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Contextualizing Islamic Law Through Istihsan: An Analysis of Customary Inheritance Practices in Air Nipis Sub-District, South Bengkulu Iim Fahimah; Mualimin Mochammad Sahid; Toha Anis Malik; Zurifah Nurdin
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 11, No 2 (2024): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v11i2.5155

Abstract

This study analyzes the practice of customary inheritance in Air Nipis District, South Bengkulu, using the istihsan approach in Islamic law. The research uses a qualitative method with a descriptive-analytical approach, collecting data through in-depth interviews and direct observation of customary leaders, inheritance law experts, and community members involved in inheritance distribution. The results show that the traditional inheritance system in Air Nipis prioritizes family welfare by considering the roles and responsibilities of heirs, particularly those who care for the deceased, although this sometimes leads to uneven distribution. The contextualization of Islamic law in this practice can be understood through the concept of istihsan, which provides flexibility in applying inheritance rules to align with the social conditions and needs of the family. Istihsan allows deviations from rigid inheritance provisions when there are strong reasons that support justice and benefit within the family. This study offers insights into how istihsan can be an inclusive and responsive approach to customary inheritance practices while maintaining a balance between legal norms and social needs.
Co-Authors Iim Fahimah Mualimin Mochammad Sahid Toha Anis Malik