Nabila Fitri Gunawan
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Transforming Matrilineal Traditions: The Role of Ulama in Reforming Minangkabau Customary Inheritance Law Nabila Inita Zahra; Miswardi Miswardi; Nabila Fitri Gunawan; M. Doni; M. Yusuf Iskandar
Hakamain: Journal of Sharia and Law Studies Vol. 4 No. 1 (2025): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v4i1.1373

Abstract

This article investigates the evolving role of ulama as pivotal agents in the reform of inheritance norms within Minangkabau society, particularly amid tensions between Islamic legal principles and matrilineal customary law (adat). Situated within the broader dynamics of legal pluralism and global cultural transformation, this study employs a qualitative ethnographic methodology, incorporating field observations, semi-structured interviews with religious leaders and adat authorities, and textual analysis of sermons, deliberative forums, and locally issued fatwas. The findings indicate that ulama do not operate in antagonism to tradition but strategically embed Islamic inheritance principles (faraid) within the local moral universe through culturally resonant methods—such as cultural preaching, participatory musyawarah, and the reinterpretation of foundational axioms like adat basandi syarak, syarak basandi Kitabullah. These efforts have produced a hybrid inheritance model that distinguishes between pusaka tinggi (ancestral property), retained under matrilineal logic, and pusaka rendah (acquired assets), increasingly subject to faraid distribution. The study reveals that ulama, by leveraging their dual authority as religious scholars and cultural insiders, facilitate normative convergence between syariah and customary law, generating legal syncretism that is both context-sensitive and ethically grounded. This convergence is particularly visible in urban and diasporic communities, where exposure to global Islamic discourses and structural changes in kinship systems have intensified the demand for codified and equitable inheritance practices. Conclusively, the research underscores the capacity of local religious actors to drive legal transformation from within, offering an empirical contribution to scholarly debates on Islamic legal anthropology, indigenous legal change, and the adaptive resilience of customary systems in plural societies.
From Customary Law to State Law: Ancestral Property Disputes in Minangkabau through Islamic Law Nabila Fitri Gunawan; Edi Rosman
Hakamain: Journal of Sharia and Law Studies Vol. 5 No. 1 (2026): HAKAMAIN: Journal of Sharia and Law Studies
Publisher : Yayasan Lembaga Studi Makwa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57255/hakamain.v5i1.1732

Abstract

This study aims to examine the transformation of ancestral property (harta pusaka) disputes in the Minangkabau matrilineal system from customary law (adat) into state law, with a particular focus on how Islamic law interprets, mediates, and influences such conflicts. The research seeks to analyze the tension between adat inheritance norms, which prioritize maternal lineage, and statutory legal frameworks that increasingly regulate property disputes within Indonesia’s national legal system. The methodology employed is qualitative juridical research with a normative-empirical approach. Primary legal materials include Islamic legal texts (Qur’an, Hadith, and classical fiqh), Indonesian inheritance law regulations, and customary law principles of Minangkabau society. Secondary data are derived from scholarly literature, case studies, and relevant court decisions. Data analysis is conducted through comparative legal analysis and interpretative content analysis to identify intersections and divergences among adat, state law, and Islamic legal principles. The findings indicate that ancestral property disputes in Minangkabau arise from dual legal legitimacy between adat inheritance (collective matrilineal ownership) and Islamic inheritance law (individual bilateral distribution). State law functions as an intermediary but often fails to fully reconcile these normative systems, leading to prolonged disputes. Islamic law, particularly through the principles of maslahah (public interest) and ‘urf (custom), provides a flexible framework for harmonizing customary practices with normative Islamic injunctions. The study concludes that a hybrid legal approach is essential to resolve inheritance conflicts in Minangkabau, integrating adat legitimacy with Islamic legal ethics and national legal certainty. The academic contribution of this research lies in offering a comparative synthesis model that bridges customary matrilineal inheritance and Islamic legal theory, contributing to broader discourse on legal pluralism and family law reform in Indonesia.