Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal SPECTRUM: Journal of Gender and Children Studies
Ali Mufrodi
Universitas Muhammadiyah Surabaya, Jawa Timur, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
The Dialectics of Gender Justice within Patrilineal Systems: A Comparative Analysis of Inheritance Flexibility in Islamic Law and Balinese Hindu Adat Law in Indonesia Gandhung Fajar Panjalu; Ali Mufrodi; Sholihul Huda
SPECTRUM: Journal of Gender and Children Studies Vol 6 No 1 (2026): June
Publisher : The Center for Gender and Children Studies, the Institute for Research and Communing Service, State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/spectrum.v6i1.1867

Abstract

This study aims to analyze how both systems engage in dialectics to address the challenges of substantive gender justice and sociological issues, such as gender ratios and higher female life expectancy. Utilizing a normative legal research method with a comparative approach, this study examines legal flexibility instruments as solutions that do not abandon patrilineal principles. The results indicate that Islamic law in Indonesia takes a distributive path by optimizing grants (hibah) and mandates (wasiat) to balance women's economic rights. Meanwhile, Balinese Hindu customary law employs a transformation of juridical status through the institution of sentana rajeg and nyeburin marriage to establish women as primary heirs. The fundamental difference lies in the focus of flexibility: Islam modifies the distribution of property objects, whereas Balinese Hindu law re-engineers the status of the legal subject. This study concludes that such flexibility is a manifestation of ijtihad and local wisdom in achieving welfare (maslahah) without undermining the theological foundations of each legal system.
Co-Authors Panjalu, Gandhung Fajar Sholihul Huda