Pre-Mortem Property Distribution and Legal Uncertainty among Javanese Muslims in Bantul

M. Roem Syibly (Universitas Islam Indonesia (UII) Yogyakarta)
Hasman Zhafiri Muhammad (Universitas Islam Indonesia (UII) Yogyakarta)
Alima Toktan (Islamic Studies, Nur-Mubarak University)

Jurnal Ilmiah Al-Syir'ah
Vol 24, No 1 (2026)

This article discusses the practice of pre-mortem property distribution among Javanese Muslims in Karang Tengah Village, Bantul, Yogyakarta. The purpose of this study is to explain how local Muslim families distribute family property before the death of parents and to analyze the legal problems that may arise from this practice. This study is based on qualitative field research conducted in Karang Tengah through interviews with village officials, religious figures, and community leaders. The findings show that the distribution of family property in Karang Tengah is generally carried out through family deliberation. In this process, parents may first indicate the share or property to be received by each child, a practice locally known as dicungke. The distribution is often based on dumdil, namely equal distribution among children, although in certain cases a child who cares for ageing parents may receive additional property known as harta gantungan. Village-level recognition is also exercised in the practice of ugeran, exclusion of the surviving spouse from direct shares and customary recognition of adopted children. Local families understand these practices as a way to keep harmony and avoid conflicts among heirs. However, the study also noted that arrangements of this nature may result in legal uncertainty unless they are made in the form of legally recognised instruments like gifts, wills, written family agreements, documented mediation settlements or formal land transfers. Therefore, the pre-mortem property distribution practice in Karang Tengah cannot be considered as a mere deviation from the formal inheritance law. It is a traditional mechanism used by local families to prevent conflict but it is legally vulnerable when it is not linked to valid legal procedures. It argues that pre-mortem property distribution should be legally translated into gifts, wills, written family agreements, documented mediation settlements, or formal land transfers to preserve family harmony while ensuring legal certainty.