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Pembagian Warisan Berdasarkan Sistem Bilateral Perspektif Ulama’ Kontemporer Bustomy , Ahmad Ainur; Umam, M. Nur Khotibul
Al-Qadlaya : Jurnal Hukum Keluarga Islam Vol. 2 No. 1 (2022): Al-Qadlaya
Publisher : Sekolah Tinggi Agama Islam Miftahul Ulum Lumajang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55120/qadlaya.v2i1.2368

Abstract

This research focuses on the distribution of inheritance based on the bilateral system. Inheritance law is part of family law that plays a very important role, as it both determines and reflects the kinship system that prevails in society. In Java, this interrelation is known as “Islam Jawa” (Javanese Islam), because the syncretism between Islam and tradition (adat) gave rise to a tradition referred to as kejawen. This condition demonstrates that in Java, adat and religion are not markedly different; in fact, at times they are difficult to distinguish or separate, as they appear to have merged. Consequently, in matters of inheritance law, compromises between customary law and Islamic law inevitably emerge.The emphasis of this study lies in the concept of inheritance distribution based on the bilateral system from the perspective of customary law and the views of contemporary Islamic scholars. The main objective of this research is to analyze the concept of bilateral inheritance distribution found in customary law and in the opinions of contemporary scholars. This study employs a normative juridical approach. Most of the primary data are drawn from library research consisting of the latest scientific literature, newly developed understandings of established facts, and new ideas. The scope of the study includes the Qur’an, contemporary scholars’ opinions, and academic journals discussing bilateral inheritance. The stages of data analysis include editing, classifying, verifying, analyzing, and concluding. To ensure the credibility of the research as a scientific work, data validity was tested through credibility and dependability assessments. The findings of this research conclude that inheritance distribution based on the bilateral system emphasizes an equal division of inheritance between men and women. The bilateral approach prioritizes a 1:1 ratio, which can reduce inequality compared to the 2:1 ratio. Furthermore, according to contemporary scholars, provided that the heirs consent, the bilateral 1:1 concept may be justified as being fairer in modern contexts. This is due to the changing roles of women in contemporary times, where many women take on responsibilities as breadwinners, unlike women in the classical era.
Local Wisdom as A Foundation of Harmony and Tolerance Between Islamic Streams iIn Tambakboyo Hamlet Klakah Lumajang Umam, M. Nur Khotibul
Proceedings of Annual Conference for Muslim Scholars Vol 8 No 1 (2024): AnCoMS, Oktober 2024
Publisher : Koordinatorat Perguruan Tinggi Keagamaan Islam Swasta Wilayah IV Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36835/ancoms.v8i1.607

Abstract

Tambakboyo Hamlet, located in Klakah Village, Lumajang Regency, is a hamlet inhabited by a Muslim community with diverse Islamic backgrounds, such as the Nahdlatul Ulama (NU) and Muhammadiyah organizations. Due to these differences, religious understanding and practices tend to potentially cause conflict. This research aims to explore how local wisdom plays a role in maintaining tolerance and strengthening Islamic values among Muslims with different understanding backgrounds. The object of this research is the Muslim community in Tambakboyo Hamlet which consists of several Islamic sects, as well as the social interactions between them. This research aims to identify and analyze how local wisdom in Tambakboyo Hamlet plays a role in maintaining harmony and tolerance between Islamic sects, as well as how Islamic values can be enriched and strengthened. This research uses a qualitative approach with a case study method. Data was collected through participant observation and in-depth interviews with religious leaders and the local community. The research results show that local traditions, such as cooperation, village meetings, and respect for leaders of religious organizations, play a central role in building open communication and mutual respect between groups, thus becoming an important foundation in maintaining social and spiritual stability. It can be concluded that strengthening Islamic values through local wisdom can create harmonious and sustainable harmony.