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Journal : Legal Frontier

Harmonization of Islamic Law, Customary Law, and National Law in Safeguarding the Rights of Indigenous Peoples Muhammadong
Legal Frontier Vol. 1 No. 3 (2025): Legal Frontier: Juli
Publisher : Yayasan Cinta Negara

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Abstract

This study explores the harmonization of Islamic law, customary law (adat), and national law in the context of protecting the rights of indigenous peoples in Indonesia. As a country with legal pluralism, Indonesia accommodates multiple legal systems that coexist and often intersect. Customary law, deeply rooted in indigenous communities, plays a vital role in regulating social life and managing communal resources. However, its recognition and implementation within the national legal framework remain inconsistent. Islamic law, as one of the moral and legal foundations embraced by the majority of the population, offers universal principles of justice, equity, and protection of rights, including those of marginalized groups. This research analyzes how Islamic legal values can serve as a bridge between state law and adat law to ensure comprehensive protection for indigenous communities. Using a normative-juridical approach, the study reviews legislation, judicial decisions, and scholarly interpretations to assess the compatibility and potential conflicts among these legal systems. The findings indicate that while overlaps exist particularly in principles of communal ownership, justice, and mutual respect practical harmonization is often hindered by regulatory ambiguities and lack of political will. The study recommends the formulation of an integrated legal framework that respects the autonomy of indigenous law, aligns with Islamic principles of maslahah (public interest), and complies with constitutional protections. Such harmonization not only strengthens legal certainty but also ensures that indigenous peoples can fully exercise their rights without discrimination or marginalization. This research contributes to the discourse on legal pluralism and social justice in multicultural societies
The Position of Women in the Islamic Legal Inheritance System in Indonesia Muhammadong
Legal Frontier Vol. 1 No. 3 (2025): Legal Frontier: Juli
Publisher : Yayasan Cinta Negara

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Abstract

This study examines the position of women in the Islamic legal inheritance system as applied in Indonesia, a country where Islamic law, national law, and local customs coexist within a pluralistic legal framework. The research aims to analyze the extent to which Islamic inheritance law, particularly as codified in the Compilation of Islamic Law (Kompilasi Hukum Islam), recognizes and protects women's rights to inheritance, while also addressing the social and cultural challenges that affect its implementation. Although Islamic law grants women specific shares in inheritance such as one-half or one-third depending on their relationship to the deceased its practical enforcement is often hindered by patriarchal interpretations, customary practices (adat), and limited legal awareness among the Muslim population. Using a normative-juridical method, this study evaluates primary legal sources, including the Qur’an, Hadith, the Compilation of Islamic Law, and relevant court decisions. The research also explores the tension between religious doctrine and societal norms that tend to marginalize women from their rightful inheritance. Findings suggest that while the Islamic legal system in Indonesia formally acknowledges women's inheritance rights, cultural resistance and legal ambiguities frequently undermine their realization. Furthermore, there remains a significant gap between legal theory and practice, especially in rural communities. The study recommends strengthening legal education, judicial consistency, and public awareness to ensure that women's inheritance rights are upheld in accordance with Islamic principles of justice and equity. This research contributes to the broader discourse on gender justice within Islamic jurisprudence and the ongoing efforts to harmonize religious law with human rights standards in Indonesia