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All Journal Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Manahij : Jurnal Kajian Hukum Islam
Rahmatullah
Universitas Islam Negeri Mataram
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Considering the Principles of Patrilineal Inheritance between Religions: Negotiations of Islamic and Customary Law Sri Wahyuni; I Gede Suwindia; Rahmatullah; Syaiful Bahri; Siti Musawwamah
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 20 No. 2 (2025)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v20i2.18542

Abstract

This study examines the dynamics of patrilineal inheritance principles in Balinese and Sasak Lombok societies through a sociological-historical approach. In particular, it explores the influence of Balinese customary law into the Sasak inheritance system and its implications for women's rights from a comparative legal perspective. Using qualitative methods through field observation and in-depth interviews, the study revealed that both systems prioritized male heirs. However, there is a fundamental difference: Balinese inheritance is closely related to the Hindu system of worship (Brahmasthana), while Sasak inheritance acts as customary law that is currently contested by Islamic inheritance principles (fiqh al-mawārīṡ). The findings suggest that although Balinese influences remain visible in the Sasak cultural structure due to historical ties to the Kingdoms of Gelgel and Karangasem, increased legal awareness among Sasak Muslim women has triggered a shift. Unlike in Bali, where inheritance is religiously binding, Sasak people increasingly negotiate the teaching by giving women a specific portion of the inheritance. This study argues that the practice of Sasak inheritance represents a dialectical space in which 'urf (custom) and sharia are in constant negotiation.
Neglecting Islamic Law in the Distribution of Inheritance in the Sasak Muslim Society: A Study of Legal Pluralism Sri Wahyuni; Putri Ananda Saka Siregar; Rahmatullah
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 20 No. 1 (2026)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v20i1.14987

Abstract

This study examines the persistence of Sasak customary inheritance practices within a predominantly Muslim society, focusing on their implications for gender justice through the lens of legal pluralism. Despite the normative authority of Islamic inheritance law (farā’iḍ), the Sasak community continues to prioritize a patrilineal customary system that allocates inheritance exclusively to male heirs, thereby excluding women. Using an empirical socio-legal approach, this research draws on in-depth interviews, observations, and engagement with community members, customary leaders, and religious authorities. The findings reveal that customary law maintains strong social legitimacy due to deeply internalized traditions, reflecting Max Weber’s concept of traditional social action. In this context, inheritance practices are shaped more by habitual norms than by formal religious or legal rationality. The authority of customary leaders often surpasses that of Islamic religious figures, contributing to the marginalization of Islamic inheritance law. This dynamic results in the systematic exclusion of women from inheritance rights, reinforcing gender inequality and negatively affecting women’s socio-economic welfare. The study contributes to the discourse by highlighting the gap between normative Islamic law and its practical implementation, calls for strengthening legal awareness and institutional engagement to promote more equitable inheritance practices.
Co-Authors I Gede Suwindia Putri Ananda Saka Siregar Siti Musawwamah sri wahyuni Sri Wahyuni Syaiful Bahri