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All Journal Mazahib SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam
haji munir, zainal arifin
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analysis of Patterns for Inheritance Dispute Settlement in the Tradition of Sasak Community in Lombok haji munir, zainal arifin
Mazahib Vol 20 No 2 (2021)
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v20i2.3774

Abstract

There are several ways conducted by Muslims in solving the problem of inheritance division in Lombok. This article aimed at looking at several patterns of inheritance dispute resolution in the Lombok people tradition (Sasak community. It is derived from qualitative field research by using both theoretical and empirical legal approaches. The data was obtained using observation, interview, and documentation techniques. Lombok people often postpone dividing the inheritance, which eventually causes problems. According to Lombok customary law, postponing inheritance is carried out due to several cultural factors, i.e.: the existence of the parent (either father or mother), the existence of the heirs, and the condition of the heirs. Apart from these factors, several consequences arise including loss of ownership rights, changes in inheritance portion, loss of inheritance rights, vulnerability to manipulation, and triggering family conflicts. The results indicate that: first, the inheritance land division is conducted in different ways such as grants, discussion, and faraid. Second, factors influencing the land dispute cases are greed and lack of information about the inheritance legal system. Third, revitalization is important because it is ruled out in Islamic teachings and is considered absolute for Islam society. This research concludes that the Islamic Inheritance legal system is the proper method to settle land disputes in the Sasak community. Keywords: Islamic inheritance, postponing inheritance, settlement of inheritance disputes.
Wealth Distribution among Sasak Communities Through Inheritance: A Quest for Justice Haji Munir, Zainal Arifin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 3 (2023): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v7i3.10835

Abstract

This research describes the study of economic justice in the distribution of inheritance among the Sasak people, Lombok Indonesia. Economic justice is a value championed in the study of Islamic business law (al-fiqh al-muāmalah) by considering the traditions, national laws, and other laws that live in society.  Economic distribution justice is the main spirit in economic equality, one of which is through inheritance, which is also part of the maqāṣid al-sharī'ah value, namely hifz al-māl. This sociological research was conducted in several villages on Lombok Island: Sade, Bayan, Penujak, Teruwai, Pancor, and Aikmel. Data was collected through interviews, documentation, and observation of the community's perception, knowledge, and inheritance practice. In this study, it was found that the Sasak community prioritizes customary law, by considering Islamic law as a balance of justice. National law is only a last option when there is no way for dialog and discussion among the heirs. Sasak customary law, which is dominated by a patriarchal system, positions women lower than men. The presence of Islamic law opens the opportunity for women to enjoy economic justice (distribution). National law is used as an option when disputes and disagreements between heirs exist.
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