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All Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial USRATY : Journal of Islamic Family Law
Endriyenti, Endriyenti
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Law, Crime, Criminology & Criminal Justice

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Dialog Hukum Adat dan Islam: Kritik Syeikh Ahmad Khatib Al-Minangkabawi Terhadap Sistem Waris di Minangkabau Arif, Muhammad Fahmil; Rahmi, Melvi; Endriyenti, Endriyenti
USRATY : Journal of Islamic Family Law Vol. 2 No. 1 (2024): Juni 2024
Publisher : Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/usraty.v2i1.8379

Abstract

This research discusses the two main forces influencing Minangkabau society, namely custom and religion. The matrilineal system practiced in Minangkabau has significant differences compared to the Islamic kinship system, particularly in terms of inheritance distribution. These differences often become a source of conflict and academic interest, especially among scholars of Islamic law. One figure who firmly opposes the customary inheritance system in Minangkabau is Sheikh Ahmad Khatib al-Minangkabawi, a prominent scholar who served as Imam, Khatib, and teacher in Mecca. This study employs a library research approach with a descriptive analytical method to explore Sheikh Ahmad Khatib's critiques of the prevailing inheritance system. Sheikh Ahmad Khatib argues that customary practices that divert inheritance to nephews rather than biological children contradict Islamic principles. He even equates this action with consuming the wealth of orphans, a deed prohibited in Islam. During his time, there was ambiguity regarding the ownership status of property in Minangkabau society whether it belonged to a father or was property of the clan managed by the niniak mamak. When a father passed away, the inheritance that should rightfully go to biological children often ended up with nephews, leading to injustice. Sheikh Ahmad Khatib's sharp criticism emphasizes the need for reform in the customary inheritance system to align it with Islamic law and protect the rights of children, thereby reducing conflict and injustice in Minangkabau society in the future.
Teori Hubungan Hukum Adat dan Pengaruhnya Terhadap Pembaharuan Hukum Islam Di Indonesia Usqho, Mutia Urdatul; Firdaus, Beni; Endriyenti, Endriyenti
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 10, No 2 (2024)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v10i2.11762

Abstract

The development of customs and Islam became a harmonious relationship that should not have any overlap within it, but the theory imposed by the Dutch (Colonial) built the conception that customs and Islam could not be united with each other. So this can be made into a research study by explaining the theories presented by colonialism and evaluating them with the reforms of Islamic law in Indonesia. The goal is to find a bright spot between customs and Islam that has increasingly caused conflicts until now. The research was conducted using a literature study, which involved examining previous studies as primary sources and supplementing them with expert opinions to support existing theories. The results obtained show that customary law and Islamic law are openly stated to be very harmonious, but this is not the case when viewed from the three existing theories. However, the conception used, if revised, will become a renewal that indirectly illustrates that customary law also has Islamic concepts, and Islamic law can be aligned when there are things that contradict Islamic law.
Co-Authors Arif, Muhammad Fahmil Firdaus, Beni Rahmi, Melvi Usqho, Mutia Urdatul