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All Journal Journal on Education Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Ahmad Manfaluti
Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda
Religion Education Law, Crime, Criminology & Criminal Justice

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Fenomena Penundaan Pembagian Waris di Kalangan Keluarga Ulama Kabupaten Hulu Sungai Utara Ahmad Manfaluti; Akhmad Haries; Mukhtar Muhammad Salam
Journal on Education Vol 5 No 4 (2023): Journal on Education: Volume 5 Nomor 4 Mei-Agustus 2023
Publisher : Departement of Mathematics Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joe.v5i4.4602

Abstract

The widespread phenomenon of indefinite delays in inheritance distribution in North Hulu Sungai Regency, which runs counter to the idea of the Islamic inheritance system, serves as the inspiration for this study. The next issue is that ulama, who are knowledgeable about Islamic law, also continue this practice. Thus, this research aims to explore the reasons behind the practice of postponing inheritance among ulama families. Choosing the site in North Hulu Sungai Regency due to its reputation as the second Islamic residential school city in South Kalimantan Province, following Martapura, and the large number of ulama who were born and raised in this region. This research is included in the type of empirical research using a qualitative approach because all the data is presented in the form of descriptive information and statements. The data sources used are primary and secondary data, while the data collection technique uses direct interviews with respondents, observation, and documentation. Based on the research that has been carried out, the results obtained are of the ten ulama in North Hulu Sungai Regency who have been interviewed, as many as eight people implemented a delay in distributing inheritance, while the remaining two people immediately distributed inheritance to heirs after the death of the testator. The ulama provide a variety of explanations, including the fact that one parent is still alive, the inheritance consists of a house and property, the heirs are firmly established, and the heir regarded as the most meritorious in the family controls the inheritance.
HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya) Devi Kasumawati; Ahmad Manfaluti
JURNAL HAKAM Vol 10, No 1 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i1.14477

Abstract

Prohibited property is a concept of joint ownership between husband and wife in the Banjar community tradition that still functions as a living law even though it is not written in formal regulations or in the classical fiqh works of Sheikh Muhammad Arsyad al-Banjari. This study aims to trace the origins of the concept of perpantangan and examine the practice of its distribution through normative-empirical analysis. The research method used is qualitative with normative and empirical approaches. Primary data was obtained through interviews with juriyat (ulama descendants of Sheikh Arsyad), academics, and Banjar people who practice perpantangan, while secondary data were collected from fiqh literature, customary law, and national regulations. The results of the study indicate that perpantangan arose from social practices of the Banjar community since the 18th century as a response to the significant economic role of women in the household. Although no authentic manuscripts were found explaining this concept, the community legitimized the perpantangan to Sheikh Arsyad through cultural legitimacy mechanisms. Normatively, abstinence aligns with the principles of 'urf, syirkah al-abdan, and maslahah mursalah, so it does not conflict with muamalah jurisprudence or national law on joint property. Empirically, abstinence is practiced in a relatively uniform pattern, namely a 50% distribution for the surviving spouse and 50% as inheritance. This research confirms that abstinence is a form of articulation of the Banjar community's legal code of life that serves to maintain fair distribution of property within the family and represents a harmony between custom and sharia.
Co-Authors Akhmad Haries Devi Kasumawati Mukhtar Muhammad Salam