Journal of Innovation Research and Knowledge
Vol. 6 No. 4 (2026): September 2026

Konstruksi Keabsahan As-Sulh Dalam Pembagian Waris Melalui Otoritas Kakak Tertua di Desa Jaya Karet Kabupaten Kotawaringin Timur

Radiatus Sholehah (Universitas Islam Negeri Palangka Raya)
Syaikhu Syaikhu (Universitas Islam Negeri Palangka Raya)
Rafik Patrajaya (Universitas Islam Negeri Palangka Raya)



Article Info

Publish Date
05 Sep 2026

Abstract

Islamic inheritance law governs property distribution through faraid provisions understood by the community, yet in Jaya Karet Village, Mentaya Hilir Selatan District, East Kotawaringin Regency, this authority has been taken over by the eldest sibling through two patterns: open deliberation and single authority. This study describes compliance practices toward the eldest sibling in inheritance division and analyzes the legitimacy of both patterns under Islamic inheritance law. The method used is qualitative empirical-legal research with a socio-legal approach, through interviews with heirs and religious figures from several families. Findings show the open deliberation pattern produces sincere compliance grounded in consent (ridha), aligned with sulh and maqashid al-syariah, while the single authority pattern produces superficial compliance driven by reluctance and fear of the “disobedient” stigma, contradicting justice and consent. In conclusion, legitimacy of inheritance division cannot be judged solely from a peaceful outcome but from the openness of the deliberation process. These findings suggest that religious leaders should play a more proactive role in monitoring family deliberations and facilitating written agreements to secure legal certainty for all heirs

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Journal Info

Abbrev

JIRK

Publisher

Subject

Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Innovation Research and Knowledge, published by Bajang Institute. Published in two formats, print and online, print version of ISSN: 2798-3471 and the online version of ISSN: 798-3641, both of which are published every month. The scope of the journal studies broadly includes: Culture (a ...