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All Journal Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam
Manfaluti, Ahmad
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Postponement of Inheritance Distribution from an Islamic Legal Perspective Kasumawati, Devi; Manfaluti, Ahmad
Al Qalam: Jurnal Ilmiah Keagamaan dan Kemasyarakatan Vol. 20, No. 1 : Al Qalam (January 2026 - Special Edition: Islamic Studies)
Publisher : Sekolah Tinggi Ilmu Al-Qur'an (STIQ) Amuntai Kalimantan Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35931/aq.v20i1.5906

Abstract

The context of this research is the prevalent practice of delaying the distribution of inheritance for an indefinite period in South Kalimantan Province. Consequently, the objective of this study is to examine this phenomenon from the perspective of Islamic law. This research is included in the type of qualitative normative research, starting from the legal behavior of the South Kalimantan Muslim community which is then studied within the scope of Islamic legal normativism. The data source used is secondary data, including primary legal materials and secondary legal materials. The data collection technique uses the documentation method. The analysis indicates that the postponement of inheritance distribution is not necessarily haram, as there is no specific substantiation in the Qur'an or hadith texts regarding the time limit for inheritance distribution. Additionally, there are numerous regulations that can validate the practice of delaying the distribution of inheritance, such as the principle of لِلْوَسَائِلِ حُكْمُ الْمَقَاصِدِ , which maintains that the law of the means of an action is equivalent to the law of the action. Therefore, the law of postponing the distribution of inheritance is relative and dependent upon the purpose or consequences of the delay.
HARTA PERPANTANGAN SEBAGAI LIVING LAW MASYARAKAT BANJAR (Analisis Normatif-Empiris Terhadap Asal-Usul dan Praktik Pembagiannya) Kasumawati, Devi; Manfaluti, Ahmad
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 Devi Kasumawati