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All Journal Al-Aqwal : Jurnal Kajian Hukum Islam Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Sabar Podu
Institut Agama Islam Negeri Fattahul Muluk Papua
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Transformasi Hukum Waris Adat dalam Perspektif Syariat Islam Dan Kearifan Lokal di Indonesia: Transformation of Customary Inheritance Law from the Perspective of Islamic Sharia and Local Wisdom Lukman Ansar; Tarmizi Tarmizi; Sabar Podu
ISTIDLAL Vol 5 No 01 (2026): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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Abstract

This study aims to analyze the transformation of customary inheritance law from the perspective of Islamic sharia and local wisdom in Indonesia. As a living legal system within society, customary inheritance law has evolved in tandem with social and cultural changes and the influence of religious values. This study employs a normative legal research method, utilizing legislative, conceptual, and historical approaches. Research data was obtained through a literature review of various primary, secondary, and tertiary legal materials related to customary inheritance law and Islamic inheritance law. The research findings indicate that the transformation of customary inheritance law occurs through a process of adaptation between local traditions and the principles of Islamic sharia. These changes are evident in the development of a more open inheritance system, the recognition of women’s rights as heirs, and the implementation of family deliberation that prioritizes the common good and social harmony. This study also found that customary law and Islamic law are not always in a conflictual relationship; rather, they can complement each other in forming an inheritance system that is contextual and responsive to the development of modern society. Therefore, harmonization between customary law and Islamic Sharia is crucial in realizing an inheritance system that is just, humane, and continues to respect the cultural diversity of Indonesian society
Perlindungan Hukum terhadap Pemberian Hak Nafkah Anak Pasca Perceraian Vina Rosalinda; Sabar Podu; Amri Amri
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.519

Abstract

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.
Co-Authors Amri Amri Lukman Ansar Tarmizi Tarmizi Vina Rosalinda