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All Journal Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Aliyatul Azmiyah
Universitas Islam Sumatera Utara
Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparison Between Islamic Law and Karo Customary Law on Inheritance Distribution Aliyatul Azmiyah; Abu Bakar; Sulaiman Tamba
Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan Vol 15, No 1 (2025): Taushiah: Jurnal Hukum, Pendidikan dan Kemasyarakatan
Publisher : Fakultas Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/taushiah.v15i1.14354

Abstract

This study compares Islamic inheritance law and Karo customary law and analyzes inheritance distribution among Karo Muslims in Kutabuluh Village, Kutabuluh District, Karo Regency. It employs empirical sociological legal research with a qualitative approach. Data were collected through interviews, unstructured observation, and documentation involving customary leaders, religious leaders, heirs, and local residents. Informants were selected purposively and expanded through snowball sampling. Data were analyzed through reduction, display, and conclusion drawing and verification. The findings reveal fundamental differences between the two systems. Islamic law recognizes inheritance rights of male and female heirs through faraidh provisions, whereas Karo customary law follows a patrilineal system that prioritizes men as clan successors and principal recipients of inheritance. In Kutabuluh, Karo customary law remains dominant. Distribution is generally negotiated through family deliberation, while women receive shares according to agreement or the willingness of male relatives. This preference is shaped by entrenched patrilineal traditions, limited understanding of Islamic inheritance law, the desire to preserve clan continuity, and concern for family harmony. The study underscores the need to strengthen knowledge of Islamic inheritance principles while respecting deliberative
Co-Authors Abu Bakar Khazali Sulaiman Tamba