Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Marsialapari: Jurnal Pengabdian Kepada Masyarakat Journal of Adat Recht
Taupiq
Universitas Islam Batang Hari (UNISBA)
Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
The Effect of Customary Law on The Distribution of Heritage to Indigenous Peoples in Indonesia Olyvia Rosalia; Firayani; Taupiq
Journal of Adat Recht Vol. 1 No. 6 (2025): MARCH-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sbqnab98

Abstract

This study discusses the influence of customary law on the distribution of inheritance within indigenous communities in Indonesia, as well as how customary law is recognized within the national legal system. Indigenous communities possess diverse inheritance systems, such as patrilineal (Batak, Nias), matrilineal (Minangkabau), and bilateral (Javanese, Sundanese) systems, which often differ from the provisions of positive law, such as the Civil Code and the Compilation of Islamic Law. This study employs normative legal research methods with a statutory approach to analyze the regulations governing customary inheritance. The findings indicate that although the state has acknowledged the existence of customary law through Article 18B Paragraph (2) of the 1945 Constitution, Law No. 5 of 1960, and Law No. 6 of 2014, challenges remain in its implementation particularly regarding conflicts with national law and the potential for gender discrimination in certain customary systems. The study concludes by emphasizing the need for harmonization between customary and national law to create a more equitable inheritance system that aligns with the principles of human rights protection.
EDUKASI HUKUM WARIS ISLAM SEBAGAI UPAYA PENCEGAHAN SENGKETA KELUARGA DI MASYARAKAT Habibah Zulaiha; Mohammad Solekhan; Taupiq; Siti Mahmudah
Marsialapari: Jurnal Pengabdian Kepada Masyarakat Vol. 3 No. 2 (2026): Juli
Publisher : Yayasan Baitul Hikmah al-Zain

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63424/marsialapari.v3i2.671

Abstract

Inheritance disputes within families often arise from limited public understanding of Islamic inheritance law, weak communication among heirs, and the persistence of local inheritance practices that are not always aligned with the principles of justice in Islamic law. This community service program aims to enhance public literacy on Islamic inheritance law as a preventive effort to reduce family disputes in society. The program was implemented through participatory legal education, legal counseling, case discussions, and simple simulations of inheritance distribution based on the principles of farā’iḍ. The participants consisted of community members, religious leaders, local figures, and families potentially facing inheritance-related issues. The educational materials covered the basic concepts of Islamic inheritance law, the pillars and requirements of inheritance, causes and impediments to inheritance, classifications of heirs, principles of justice in inheritance distribution, and the importance of family deliberation in resolving inheritance matters. The results indicate that education on Islamic inheritance law improved participants’ understanding of the rights and obligations of heirs, reduced misconceptions regarding inheritance distribution, and strengthened public awareness of resolving inheritance issues fairly, peacefully, and in accordance with Islamic legal principles. This program affirms that Islamic inheritance law literacy plays an important preventive role in minimizing family conflict, strengthening social harmony, and fostering a more orderly legal culture within society. Therefore, education on Islamic inheritance law should be conducted continuously through collaboration among academics, religious leaders, village authorities, and community-based religious institutions.
Co-Authors Firayani Habibah Zulaiha Mohammad Solekhan Olyvia Rosalia Siti Mahmudah