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All Journal Al-Mujtahid: Journal of Islamic Family Law Jurnal Penelitian
Abdul Fajri Kolopita
King Khalid University
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Customary Land Pawn Disputes in Lebung Jangkar Village: An Islamic Law and Cultural Perspective Moh. Hidayatullah A.K. Husein; Anggar Putra; Putri Rahyu; Abdul Fajri Kolopita
JURNAL PENELITIAN Vol 22 No 2 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jupe.v22i2.14054

Abstract

Prolonged agricultural land pawn practices in indigenous communities often create structural inequalities and recurring disputes due to unclear legal boundaries. This article examines the dynamics of customary land rights (hak ulayat) in agricultural land pawn practices and the resolution of related disputes within the indigenous community of Lebung Jangkar Village. Land is perceived as ancestral heritage with strong social and cultural significance, making pawn practices socially accepted as temporary economic instruments without transferring ownership. However, extended pawn periods and the continuous utilization of pawned land by pawn recipients frequently result in unequal power relations and latent agrarian disputes. Focusing on rice field pawn disputes, this study analyzes the relationship between customary land rights, pawn practices, and dispute resolution through traditional elders (kriye). Using a qualitative normative-empirical approach through interviews, observation, and document analysis, the study finds that dispute resolution through the kriye functions as an effective living law grounded in deliberation, social harmony, and substantive justice, substantively aligning with the Islamic legal principles of ṣulḥ and rahn. Nevertheless, the absence of written documentation and the weak integration of Article 7 of Law Number 56 of 1960 indicate the need for greater normative harmonization to ensure legal certainty and equitable protection for customary landholders.
The Position of Girls in Obstructing Brother's Inheritance: A Sunni and Shia Fiqh Perspective and the Supreme Court's Jurisprudence Alfian Muhammady; Abdul Fajri Kolopita
Al-Mujtahid: Journal of Islamic Family Law Vol 4, No 1 (2024)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v4i1.2477

Abstract

This study aims to analyze the position of girls in hindering their brother's inheritance from the perspective of Sunni and Shia jurisprudence and the jurisprudence of the Indonesian Supreme Court. The research method used is a literature study with a descriptive-analytical approach, which involves the study of Sunni and Shia fiqh literature and the analysis of Supreme Court decisions related to inheritance cases. The results of the study show that there are significant differences between Sunni and Shia jurisprudence in determining the inheritance rights of girls. Sunni jurisprudence generally gives priority to boys, although girls still receive a share of the inheritance but do not completely block the rights of brothers. In contrast, Shia jurisprudence gives a stronger position to girls, which can reduce or hinder the inheritance rights of brothers. In the jurisprudence of the Supreme Court of Indonesia, efforts were found to harmonize the rules of fiqh with the principle of justice in national law, which aims to ensure a fairer distribution of inheritance. The conclusion of this study is that the interpretation of girls' inheritance law in the context of fiqh and national jurisprudence needs to be developed to achieve gender justice in the distribution of inheritance. The implication of this research is the importance of inheritance law reform that considers both fiqh perspectives and judicial decisions to create a fairer and more inclusive legal system in Indonesia.
Co-Authors Alfian Muhammady Anggar Putra Moh. Hidayatullah A.K. Husein Putri Rahyu