Mazahibuna: Jurnal Perbandingan Mazhab
VOLUME 4 ISSUE 2, DECEMBER 2022

Legal Pluralism in the Context of the Distribution of Women's Inheritance: Constellation of State Law, Islamic Law and Customary Law

Istiqomah Sinaga (Pengadilan Agama Sei Rampah)
Nurhayati (Unknown)
Hazrul Affendi Mohmad Razali (Unknown)



Article Info

Publish Date
12 Nov 2022

Abstract

This paper is a legal pluralism research on the partition of women's inheritance. It investigates the reality that not all existing and applicable legal laws are being followed. Furthermore, the distribution of women's inheritance is regulated in the Compilation of Islamic Law regarding the share of an heir. There is also a judicial institution that resolves disputes with material law and is accessible to the community. However, it is not always used as a downstream dispute resolution that involves inheritance. The emergence of customary law amongst other diverse sources cannot be ignored as having its place within society, which is frequently used to address normatively controlled legal issues. The results of this study showed the settlement of inheritance is not always handled by trial or litigation, particularly for indigenous peoples in Padangsidimpuan City. Hence, to minimize conflict, it is better to decide inheritance issues by consensus amongst families, with regulations that are ambiguous but geared toward the common interest. This paper is expected to be a study among legal practitioners and academics, even though law has restricted the inheritance share of each heir, and society strives to avoid litigation and settle disputes amicably. Therefore, his study can be pursued by examining whether other indigenous groups handle inheritance disputes in the same manner.

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Journal Info

Abbrev

mjpm

Publisher

Subject

Religion

Description

Mazahibuna: Jurnal Perbandingan Mazhab merupakan jurnal ilmiah yang mempublikasikan karya-karya tulis terkait dengan kajian perbandingan hukum, baik itu antara hukum Islam dan hukum positif, ketokohan mazhab, maupun pemikiran hukum Islam ...