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All Journal TASAMUH: Jurnal Studi Islam Suhuf: International Journal of Islamic Studies
Gusti Muzainah
Universitas Islam Negeri Antasari
Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Hubungan Hukum Adat dan Hukum Islam Pada Tabu Budaya Banjar “Pantangan Kawin Beimbai Saudara” Dewi Fauziah Nuraini; Ahmadi Hasan; Gusti Muzainah
Tasamuh: Jurnal Studi Islam Vol. 18 No. 2 (2026): Tasamuh: Jurnal Studi Islam
Publisher : LPPM IAIN Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47945/tasamuh.v18i1.3035

Abstract

This study analyzes the legal relationship between customary law and Islamic law within the cultural taboos of the Banjar society, specifically the prohibition of simultaneous sibling weddings (pantangan kawin beimbai saudara). Begins by identifying its position within customary law, exploring its legal rationale alongside the Islamization process, and applying intersection theories between customary and Islamic law to establish a coherent synthesis. Utilizing normative legal research, this study examines legal materials through a literature review of relevant texts, complemented by insights from key informants. The findings clarify that this practice, also known as ‘bealahan’, originally carried mystical connotations across generations. However, through the Islamization process, it is revealed to possess a rational foundation: its objective is to prevent direct or latent conflicts arising from disparities or forced compromises between siblings in a marriage. Analyzed through the Receptio in Complexu theory, aligning the practice with its foundational objective provides a justifying rationale alongside Islamization efforts. Legally, this custom aims for maslahah and the prevention of mudarat, corresponding with the aspirations of Islamic law, where Islam is fully accepted and applied by its adherents, including within their customs. Furthermore, when linked to the Receptio a Contrario theory, this prohibition constitutes an acceptance, provided its existence and objectives do not contradict Islamic law. Within Islamic law, although this custom involves the concept of pamali, its examination and Islamization show that it contains values of maslahat and does not oppose religious principles. Consequently, it is acceptable as 'urf shahih and a component of maslahah.
Analysis of Fairness in Inheritance Distribution according to Badamai Customs among the Muslim Banjar Community in South Kalimantan Siti Nur Syifa; Ahmad Wildan Rofrofil Akmal; Gusti Muzainah; Ahmad Ahmad; Ghifari Hirza Firhan Ali
Suhuf: International Journal of Islamic Studies Vol. 37 No. 2 (2025): November
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/suhuf.v37i2.13106

Abstract

The distribution of inheritance according to the Badamai custom is a form of customary inheritance law practised by the Muslim Banjar community in South Kalimantan. This custom results in an equal distribution pattern between male and female heirs. This study aims to analyze the value of justice within this equal distribution system using John Rawls’ Theory of Justice. Conducted as a field study with a sociological approach in South Kalimantan, the research draws on interviews with members of the Indigenous Muslim Banjar Community, community leaders, and supporting literature, including four journal articles. Viewed through Rawls’ theory, the Badamai inheritance system is considered fair because it aligns with two key principles. The first is the principle of equal liberty, which ensures that both men and women have the same fundamental right to inherit property. The second is the difference principle, which seeks to minimize inequality. By implementing equal distribution, the Badamai custom removes disparities in inheritance allocation, ensuring equal opportunities for all heirs. This study contributes to the development of Customary Inheritance Law and encourages local governments to support the establishment of the Badamai institution to help resolve inheritance-related disputes.
Co-Authors Ahmad Ahmad Ahmad Wildan Rofrofil Akmal Ahmadi Hasan Dewi Fauziah Nuraini Ghifari Hirza Firhan Ali Siti Nur Syifa