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Journal : IIJSE

Analysis of Islamic Inheritance Law on the Distribution of Women’s Inheritance Dewiyanti Rambe; Muhammad Amar Adly; Khalid Khalid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 6 No 3 (2023): Sharia Economic: November, 2023
Publisher : Sharia Economics Department Universitas KH. Abdul Chalim, Mojokerto

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Abstract

This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women. Keywords: Inheritance Division, Islamic Inheritance Law, Women This study aims to determine the implementation of the division of women’s inheritance in the Pangkatan sub-district, Labuhan Batu Regency and to find out the perspective of Islamic inheritance law on the distribution of women’s inheritance in the Pangkat Sub-District, Labuhanbatu Regency. Qualitative research methods using observation, interviews, and document studies. The technique of checking the validity of the data used is the degree of trust, transferability, dependability, and certainty. The findings in the study are the implementation of inheritance distribution in the Pangkatan sub-district, which is in accordance with hereditary provisions where sons get 70% inheritance and girls get 30% inheritance, this is because male children are considered to continue their descent. The perspective of Islamic inheritance law in the distribution of inheritance in rank sub-districts is in accordance with faraidh law in addition to the principle of legal clarity and expediency, inheritance law in general and as a whole has positive values, norms, and wisdom which are very basic and contain justice. So, the reform in this research is Islamic Inheritance Law Concerning the Distribution of Women's Inheritance in Rank District Islamic inheritance law, especially the term faraidh and inheritance law in general and as a whole, has very basic positive values, norms, and wisdom and contains very clear positive wisdom reasonableness, in addition to the principle of legal certainty and benefit. The Pangkatan Regency inheritance system which prioritizes the portion of male power holders and the obligation to continue heirs in the family, is analogous to Islamic inheritance law which states that men have greater rights than women.
Prohibition of Sexual Marriage in Batak Toba Samosir Traditions Perspective of Islamic Law Erwansyah Erwansyah; Muhammad Amar Adly; Imam Yazid
Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) Vol 8 No 1 (2025): Sharia Economics
Publisher : Universitas KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/iijse.v8i2.6509

Abstract

Regulations regarding mahram and the prohibition of intermarriage in Samosir Batak society are some of the important aspects that influence social life and marriage. The clan in the Samosir Batak tradition has a very central position, so the prohibition on intermarriage within the clan is regulated to maintain the purity of the lineage and social harmony. In Islamic law, the prohibition on intermarriage can be analogous to the prohibition against mahram, namely people who are forbidden to marry because of blood or marriage relations. This research aims to examine the relationship between mahram in Islamic law and the prohibition of intermarriage in Samosir Batak custom, as well as explore the similarities and differences between the two. The method used is descriptive qualitative with a normative approach. The research results show that there are similar goals between the two systems in protecting offspring and family honor. However, there are differences in determining which parties are considered mahram and semarga. This research suggests that there should be a deeper understanding of these two systems to create a balance between religious and customary law in Samosir Batak society. Even though there are differences in determining who is considered a mahram in Islamic law and who is considered a clan in Samosir Batak custom, these two systems have the same goals of maintaining family honor, protecting legitimate descendants, and preventing marriage within a close lineage. Socialization and Education require more intensive outreach efforts regarding the differences and similarities between mahram in Islamic law and the prohibition on intermarriage in Samosir Batak custom. This is important to provide a clear understanding to the community, especially the younger generation so that they can live their religious and traditional lives in harmony.