RESPONSIVE LAW JOURNAL
Vol. 2 No. 2 (2025): RESPONSIVE LAW JOURNAL

The Practice of Dividing the Heritage of the Burneh Community, Bangkalan: Between Customary Law and Islamic Law

Nurlaili, Esa (Unknown)
Rahmawati, Fenni (Unknown)
Dwi Septiaji, Satriya Ardhi (Unknown)
Indasyah Zahro, Umi (Unknown)



Article Info

Publish Date
06 Jan 2026

Abstract

This study aims to analyze the practice of inheritance distribution in Burneh Village, Bangkalan Regency, focusing on the interaction between Islamic inheritance law and local customary law. The main issue examined is how the people of Burneh implement faraidh provisions in daily life and to what extent local traditions influence inheritance practices. The research employed a qualitative approach using in-depth interviews with religious leaders, customary leaders, and several household heads. The findings reveal that inheritance distribution in Burneh generally does not strictly follow faraidh regulations but instead emphasizes family deliberation and mutual consent. Equal distribution between male and female heirs is often chosen to maintain harmony, while some testators also distribute assets through hibah (gifts) before death. The conclusion of this study indicates that inheritance practices in Burneh reflect a form of legal pluralism that prioritizes social harmony and communal welfare, while simultaneously demonstrating a creative adaptation between Islamic legal norms and local wisdom.

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Journal Info

Abbrev

law

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Responsive Law Journal is a high-quality open-access peer-reviewed research journal published by the Yayasan Insan Mulia Bima. Responsive Law Journal provides a platform that welcomes and acknowledges high-quality empirical original research papers in the field of law written by researchers, ...