ANALISIS HUKUM ISLAM TERHADAP PRAKTIK PEMBAGIAN WARIS MASYARAKAT ADAT JAWA

Abstract

Islamic inheritance law and Javanese traditional inheritance law have differences in their rules and regulations. Islamic inheritance law is based on sharia law which divides inheritance proportionally among heirs based on degree of kinship, while Javanese traditional inheritance has a different system that is based on customary law and takes into account factors such as gender, marital status, and role in the family. However, in some cases, Islamic inheritance law and Javanese customary inheritance can be applied simultaneously in inheritance settlements. When Islam entered Indonesia, the values ​​of Islamic religious law were generally considered to be in conflict with the values ​​of general law which were preserved and adopted as a system of social government. Therefore, Indonesian society does not immediately accept Islamic inheritance law as a common legal system, because community customary law is already in effect.

Issues related to the relationship between Islam and local culture often arise in Indonesia, and are in fact an ongoing struggle between three models of Islamic discourse: Arabization brought about by Arab society and people affiliated with it, Islamization or purification promoted by modernists and indigenization which promoted by traditionalists. The differences between these three models of Islamic thought schools essentially rest on their views on the relationship between the Al-Quran and local culture, even though theoretically, this is not visible on the surface. More focused, the local culture referred to is the contemporary local culture of Muslims where the Al-Quran is intended to be the answer to problems that arise to the surface. The issue of inheritance distribution often gives rise to conflicts that must be resolved. In resolving conflicts that may arise, the community usually determines its own rules for resolving the distribution of inheritance. Islamic teachings are very cooperative in responding to cultural phenomena. Customs as a social-dialectical process and natural human creativity do not have to be eliminated, or considered dangerous enemies. Rather, it is seen as a partner and element that must be adopted selectively and proportionally. The presence of Islam in Indonesia cannot be separated from the traditions or culture of the Indonesian people. Religion and culture are two things that interact and influence each other