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All Journal MAHAKIM: Journal of Islamic Family Law EMPIRISMA: JURNAL PEMIKIRAN DAN KEBUDAYAAN ISLAM
Zayad Abd. Rahman
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Religion Arts Humanities Social Sciences

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Praktik Waris Adat Tunggu Tubang pada Masyarakat Semendo Pajar Bulan Lampung Barat Rohmansyah; Zayad Abd. Rahman; Abdul Wahab Ahmad Khalil
MAHAKIM Journal of Islamic Family Law Vol 6 No 2 (2022): July 2022
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (460.102 KB) | DOI: 10.30762/mahakim.v6i2.152

Abstract

Customary inheritance law in Indonesia has diversity based on regional customs, one of which is waiting for Tubang with a female mayoral inheritance system as the sole heir to receive an inheritance. This paper seeks to understand the system and analysis of Islamic law on the practice of customary inheritance in the village of Pajar Bulan-West Lampung. This type of research is qualitative-empirical and uses the theory of 'urf as an analytical knife. This study found that the practice of inheritance the costom waiting for Tubang in the Semendo community in Pajar Bulan village is carried out in three systems: First, the female mayoral system (the eldest daughter), that is, those who are entitled to receive the inheritance in full and not divided. Second, the male mayorate system which replaces the female mayorate as a waiting Tubang through family deliberations. Third, the ngangkit marriage system, namely the marriage of sons from families who do not have daughters waiting for Tubang to women from relatives who are found waiting for Tubang. Meanwhile, the practice of customary inheritance, waiting for Tubang, is analyzed from sources of Islamic law ('urf). So it can be grouped into three categories: first in terms of form, the customary inheritance of waiting for Tubang is included in the category of customary customs in deeds (al-'urf al-'amaliyah). Both in terms of value, the practice of inheritance waiting for tubang is included in the customary category which is in line with shari'ah principles (al-'urf al-shahih). Thirdly, in terms of scope, the practice of customary inheritance of waiting for Tubang is included in the category of general customs (al'urf al-'am) which applies to the Semendo community of Pajar Bulan Village.
NU DAN DĀR AL-ISLĀM: SEBUAH KAJIAN TERHADAP KONSTELASI SYARIAT ISLAM DI INDONESIA Zayad Abd. Rahman; Ali Syamsuri
Empirisma: Jurnal Pemikiran dan Kebudayaan Islam Vol. 29 No. 1 (2020): Agama dan Budaya Nusantara
Publisher : Prodi Studi Agama-agama Fakultas Ushuluddin dan Dakwah IAIN Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30762/empirisma.v29i1.401

Abstract

This study aims to uncover the concept of dār al-islām and the application of sharia in the context of the state according to Nahdhatul Ulama as one of the traditionalist views. The significance of this research lies in the ways and views of NU that differ from modernist understandings such as the Indonesian Islamic State (NII), even Masyumi in understanding dār al-islām. It cannot be denied, NU is a massive massive religious organization whose thoughts and movements greatly influence the religious dynamics in Indonesia and have an important role in the formalization of formalization of sharia in the body of the state. Methodologically, this research is a library research which is approached with a historical approach. One-way approach is needed because this research takes historical thinking. The data collected draws on the results of the 11th Congress of the NU Congress in Banjarmasin as primary data, while books and other documents become secondary data. The data collected is analyzed for validity through content analysis to create replicable inference. The conclusion of the study is the concept of dār al-islām according to NU does not make Islam as a formal Islamic state that requires the enactment of sharia. However, what is meant by the concept of dār al-islām is a religious term that means wilayat al-islamiyah (Islamic territory) which must be preserved and maintained as a unity as part of the Islamic tradition. So with this concept all Muslims are required to fight and expel invaders from the motherland. The concept of dār al-islām does not want the formalization of sharia or to make the state as an Islamic state as understood by radical schools
Co-Authors Abdul Wahab Ahmad Khalil Ali Syamsuri Rohmansyah