SPECTRUM: Journal of Gender and Children Studies
Vol 6 No 1 (2026): June

The Dialectics of Gender Justice within Patrilineal Systems: A Comparative Analysis of Inheritance Flexibility in Islamic Law and Balinese Hindu Adat Law in Indonesia

Gandhung Fajar Panjalu (Universitas Muhammadiyah Surabaya)
Ali Mufrodi (Universitas Muhammadiyah Surabaya, Jawa Timur, Indonesia)
Sholihul Huda (Universitas Muhammadiyah Surabaya, Jawa Timur, Indonesia)



Article Info

Publish Date
13 May 2026

Abstract

This study aims to analyze how both systems engage in dialectics to address the challenges of substantive gender justice and sociological issues, such as gender ratios and higher female life expectancy. Utilizing a normative legal research method with a comparative approach, this study examines legal flexibility instruments as solutions that do not abandon patrilineal principles. The results indicate that Islamic law in Indonesia takes a distributive path by optimizing grants (hibah) and mandates (wasiat) to balance women's economic rights. Meanwhile, Balinese Hindu customary law employs a transformation of juridical status through the institution of sentana rajeg and nyeburin marriage to establish women as primary heirs. The fundamental difference lies in the focus of flexibility: Islam modifies the distribution of property objects, whereas Balinese Hindu law re-engineers the status of the legal subject. This study concludes that such flexibility is a manifestation of ijtihad and local wisdom in achieving welfare (maslahah) without undermining the theological foundations of each legal system.

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Journal Info

Abbrev

SPECTRUM

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

SPECTRUM: Journal of Gender and Children Studies is a Communication Media between gender and children (Gender in Religious Perspective; Gender Equality; Gender-Based Privileges; Gender Construct on Gender and Family; The Role of Educational Institution on Gender ...