Al-Manahij : Jurnal Kajian Hukum Islam
Vol. 20 No. 1 (2026)

Neglecting Islamic Law in the Distribution of Inheritance in the Sasak Muslim Society: A Study of Legal Pluralism

Wahyuni, Sri (Unknown)
Siregar, Putri Ananda Saka (Unknown)
Rahmatullah (Unknown)



Article Info

Publish Date
17 Apr 2026

Abstract

This study examines the persistence of Sasak customary inheritance practices within a predominantly Muslim society, focusing on their implications for gender justice through the lens of legal pluralism. Despite the normative authority of Islamic inheritance law (farā’iḍ), the Sasak community continues to prioritize a patrilineal customary system that allocates inheritance exclusively to male heirs, thereby excluding women. Using an empirical socio-legal approach, this research draws on in-depth interviews, observations, and engagement with community members, customary leaders, and religious authorities. The findings reveal that customary law maintains strong social legitimacy due to deeply internalized traditions, reflecting Max Weber’s concept of traditional social action. In this context, inheritance practices are shaped more by habitual norms than by formal religious or legal rationality. The authority of customary leaders often surpasses that of Islamic religious figures, contributing to the marginalization of Islamic inheritance law. This dynamic results in the systematic exclusion of women from inheritance rights, reinforcing gender inequality and negatively affecting women’s socio-economic welfare. The study contributes to the discourse by highlighting the gap between normative Islamic law and its practical implementation, calls for strengthening legal awareness and institutional engagement to promote more equitable inheritance practices.

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Journal Info

Abbrev

almanahij

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

AL-MANAHIJ is a scholarly journal of Islamic law studies. It is a forum for debate for scholars and professionals concerned with Islamic Laws and legal cultures of Muslim Worlds. It aims for recognition as a leading medium for a scholarly and professional discourse of Islamic laws. Al-Manahij covers ...