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Juridical and Socio-Cultural Analysis of Inheritance Distribution Under the Customary Law System of the Dayak Community in Indramayu Busthomi, Achmad Otong; Jaelani, Aan; Setyawan, Edy; Abadi, Khafid; Syam, Roqiyul Ma’arif
Hikmatuna : Journal for Integrative Islamic Studies Vol 11 No 1 (2025): Hikmatuna: Journal for Integrative Islamic Studies, June 2025
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/hikmatuna.v11i1.10963

Abstract

This study aims to analyze the inheritance distribution system within the Dayak community in Indramayu using a juridical-socio-cultural approach. The research employs a qualitative-descriptive method, integrating the analysis of positive law and customary law with local socio-cultural values specific to the community’s unique context. Data were collected through field observations, document studies, and semi-structured interviews with customary leaders and members of the Dayak community. The data analysis technique is based on the interactive model of Miles and Huberman and utilizes a normative-juridical and cultural-interpretive approach to explore the ongoing dynamics. The findings reveal that the bilateral kinship structure and customary principles such as Sejarah Alam Ngaji Rasa (the natural history of internal reflection), Menyatu dengan Alam (oneness with nature), and Ngaula Ning Anak Rabi (dedication to one's offspring and their spouses) influence an egalitarian inheritance system, although variations exist among subgroups. However, within the framework of legal pluralism and distributive justice, the system still reflects disparities, particularly concerning the rights of women and adopted children in matters of inheritance. The study recommends reformulating customary law to be more responsive to contemporary social justice values and to ensure the principles of non-discrimination and equality in the inheritance distribution process.
Analyses the Construction of the Indonesian Ulema Council Fatwa on the Halalness of the Sinovac Covid-19 Vaccine using the Jasser Auda’s Perspective of Islamic Law Development Models Abduh, Muhammad; Abadi, Khafid; Islamy, Athoillah; Susilo, Adib
al-'adalah Vol 18 No 2 (2021): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v18i2.10041

Abstract

 The spread of hoax news related to whether it is safe or not and whether or not the use of the Covid-19 vaccine is lawful has created a pro-contra attitude among the Indonesian people towards the Covid-19 vaccination program. For this reason, the Indonesian Ulema Council (MUI) has issued a fatwa to provide legal enlightenment on the halal use of the Covid-19 vaccine. This study examines in depth the construction of the fatwa and identifies the Islamic law development model used in constructing the fatwa. This research is purely philosophical normative and uses the models of Islamic legal development proposed by Jasser Auda. The results of the study conclude that the construction of the MUI fatwa on the halalness of the Sinovac vaccine had used a holistic model of Islamic law. This is indicated by some characteristics inherent in the construction of the fatwa namely : (i) the wholeness and multidimensional character, which is indicated by the use of universal textual arguments ('aam). (ii) the purposive character, which isindicated by the use of various fiqh rules emphasizing the realization of benefit as the basis and orientation of legal determination. (iii) the openness characterwhich is indicated by the acceptance of the health and medical science principles which incidentally is outside the field of Islamic law