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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum
Fauzi Saleh
Universitas Islam Negeri (UIN) Ar-Raniry Banda Aceh, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Legality of Gayo Customary Inheritance in the Perspective of Islamic Law Zaini Bakri; Fauzi Saleh; Analiansyah Analiansyah
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4738

Abstract

The practice of inheritance distribution in the Gayo community should align with the Fiqh Mawārit, but in reality, it has not fully adhered to it. There are still deviations found in the practice of inheritance distribution, such as the belief among some community members that juelen and angkap marriages can obstruct or reduce a person's share. Given these issues, the author is interested in examining the legality of Gayo customary inheritance from the perspective of Islamic law. To address this issue, a qualitative research approach is needed, with data obtained through interviews, observations, and documentation, analyzed using social interaction theory, cultural theory, Fiqh Mawārit theory, and Maqāshid al-Syari’ah. The research results indicate that the distribution of customary inheritance in Gayo is based on the type of marriage practiced in the community. Some aspects of Gayo customary inheritance are relevant to Islamic law, while others are practiced in a deviant manner.
Resolution of Inheritance Disputes in Gayo Society through Mediation: Perspective of Welfare and Gender Justice Kasdim Bustami; Fauzi Saleh; Ridwan Nurdin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4741

Abstract

The resolution of inheritance disputes in the Gayo Lues community, where women are disadvantaged (discriminated against) or receive injustice in the distribution of inheritance, leads to conflicts, disputes, and hostility within the family, causing disharmony within the family, society, culture, and customs. As a result, women in the Gayo Lues community do not fully receive their inheritance rights. Dispute resolution outside the court is called alternative dispute resolution (ADR). This research was conducted in Gayo Lues Regency, using a descriptive qualitative approach. The policy and implementation of mediation in resolving inheritance disputes are carried out through family deliberation, as the goal of "beredet" (family deliberation) is "dame" or "mupakat jeroh" (peace or mutual agreement). In resolving and dividing inheritance in the Gayo Lues community, women do not participate at all and do not receive any part of the inheritance. Women face obstacles in reaching their maximum potential due to gender injustice and inequality. The concept pursued in resolving inheritance disputes between men and women in the Gayo Lues community includes "mupakat jeroh" (deliberation), "timang rasa" (sense of justice), and peaceful means ("dame").
Co-Authors Analiansyah Analiansyah Kasdim Bustami Ridwan Nurdin Zaini Bakri