Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Vol 11, No 2 (2024): October

Contextualizing Islamic Law Through Istihsan: An Analysis of Customary Inheritance Practices in Air Nipis Sub-District, South Bengkulu

Iim Fahimah (Universitas Islam Negeri Fatmawati Sukarno)
Mualimin Mochammad Sahid (Faculty of Syariah and Law Universiti Sains Islam Malaysia)
Toha Anis Malik (Universiti Islam Sultan Sharif Ali)
Zurifah Nurdin (Universitas Islam Negeri Fatmawati Sukarno)



Article Info

Publish Date
30 Oct 2024

Abstract

This study analyzes the practice of customary inheritance in Air Nipis District, South Bengkulu, using the istihsan approach in Islamic law. The research uses a qualitative method with a descriptive-analytical approach, collecting data through in-depth interviews and direct observation of customary leaders, inheritance law experts, and community members involved in inheritance distribution. The results show that the traditional inheritance system in Air Nipis prioritizes family welfare by considering the roles and responsibilities of heirs, particularly those who care for the deceased, although this sometimes leads to uneven distribution. The contextualization of Islamic law in this practice can be understood through the concept of istihsan, which provides flexibility in applying inheritance rules to align with the social conditions and needs of the family. Istihsan allows deviations from rigid inheritance provisions when there are strong reasons that support justice and benefit within the family. This study offers insights into how istihsan can be an inclusive and responsive approach to customary inheritance practices while maintaining a balance between legal norms and social needs.

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Journal Info

Abbrev

mizani

Publisher

Subject

Description

Focus and Scope FOCUS This journal aims to disseminate scholarly works related to research and discussions in the field of Contextualized Islamic Law, contributing to an enhanced understanding of Islamic law. Through the publication of articles and research reports, it seeks to advance knowledge and ...