Indonesian Journal of Humanities and Social Sciences
Vol 5 No 4 (2024): Indonesian Journal of Humanities and Social Sciences, Desember 2024

Pola Pembagian Waris dalam Masyarakat Sungai Musi: Analisis Fenomenologis terhadap Praktik Adat dan Pilihan Rasional

Muna, Nailal (Unknown)



Article Info

Publish Date
03 Jan 2025

Abstract

This study examines inheritance distribution patterns among the communities along the Musi River in South Sumatra, who are known for adhering to customary law systems with patrilineal and majorat patterns. However, variations in inheritance practices that do not always align with customary traditions have been observed. Using a phenomenological approach and rational choice theory analysis, this study identifies inheritance distribution patterns and the factors influencing community preferences. The findings reveal three main patterns: (1) pure customary patterns that prioritize paternal lineage and male heirs, (2) compromise patterns combining customary law with Islamic law or family agreements, and (3) individualistic patterns based on personal agreements among heirs without reference to specific legal systems. Factors influencing these preferences include emotional closeness between heirs and inheritors, economic considerations to preserve family assets, and principles of mutualism in maintaining social relationships. This study provides insights into the dynamics of customary law adaptation amid social and economic changes in the Musi River communities

Copyrights © 2024






Journal Info

Abbrev

IJHSS

Publisher

Subject

Religion Arts Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Humanities and Social Sciences The Indonesian Journal of Humanities and Social Sciences is open access and peer-reviewed journal. The journal is a peer-reviewed, international, and interdisciplinary journal publishing research articles and significant contributions to social ...