AN ANALYSIS OF THE DISTRIBUTION OF
INHERITED PROPERTY AMONG THE MANDAR CUSTOMARY LAW, THE
MAJORITY OF ISLAMIC SCHOLARS, AND ISLAMIC LAW IN INDONESIA.
This study aims to analyze the inheritance distribution system in the Mandar ethnic
group from the perspective of Mandar Customary Law, the views of the majority of scholars,
and Islamic law in Indonesia based on the Compilation of Islamic Law (KHI). This study
focuses on how customary values such as siyasayangngi, family deliberation, the mayoral
system, and the position of the youngest child in Mandar customary inheritance interact with
the provisions of normative Islamic inheritance law.
This research employed qualitative methods with a descriptive-analytical and
comparative approach, through literature review, observation, and limited interviews. The
results indicate that inheritance distribution practices in the Mandar community prioritize
family harmony and substantive justice over purely mathematical distribution. Meanwhile,
Islamic inheritance law, according to the majority of scholars, stipulates that the distribution
of inheritance is based on: faraid based on a two to one comparison, while KHI seeks to
bridge Islamic and customary law through a deliberation mechanism for the common good.
This study concludes that there is room for integration between Mandar customary law
and Islamic law in the distribution of inheritance, as long as it does not conflict with the
principles of justice and welfare, so that it can maintain family harmony in Mandar society.
| 32/PMH/2026 | 32/PMH/2026 | Perpustakaan FSH Lantai 4 | Tersedia |
Penerbit
Fakultas Syariah dan Hukum :
UIN Syarif Hdayatullah Jakarta.,
2026
Deskripsi Fisik
xi, 86 hal, 29cm
Pernyataan Tanggungjawab
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