PEMBAGIAN HARTA WARIS OLEH KOMUNITAS SANTRI DESA SELO DAN TARUB KECAMATAN TAWANGHARJO KABUPATEN GROBOGAN JAWA TENGAH

DRS YASIN, MAG, NIM. 831664/S3 (2015) PEMBAGIAN HARTA WARIS OLEH KOMUNITAS SANTRI DESA SELO DAN TARUB KECAMATAN TAWANGHARJO KABUPATEN GROBOGAN JAWA TENGAH. Doctoral thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

	Text (PEMBAGIAN HARTA WARIS OLEH KOMUNITAS SANTRI DESA SELO DAN TARUB KECAMATAN TAWANGHARJO KABUPATEN GROBOGAN JAWA TENGAH) BAB I, VII, DAFTAR PUSTAKA.pdf Restricted to Registered users only Download (5MB)
	Text (PEMBAGIAN HARTA WARIS OLEH KOMUNITAS SANTRI DESA SELO DAN TARUB KECAMATAN TAWANGHARJO KABUPATEN GROBOGAN JAWA TENGAH) BAB II, III, IV, V, VI.pdf Restricted to Registered users only Download (4MB)

Abstract

This research was inspired by some thcories that talked about thc implcmentation of Islamic law in Indonesia. Van den Bcrg with his theory of receptie in complexu was in contrast with the findings of the theory ofSnouck Kurgronje, receptie. In addition, Gibb in his theory of outorita said that people who had declared themseives Muslim should also acknowledge Islamic laws, including the inheritance law applicable to them. The rules in the division of the estates in the Qur’an which were touted as the qat'iy ad-dalalah verses and Sunnah were understood by the Companions and fara'id scholars with differcnt results with the texts themseives. The development of this thought was continued until in Indonesia; it gave birth to Hazairin, Munawwir Sadzali and others. It was done as an effort to implement the teachings of Islam. Student Community of Selo and Tarub Village of Tawangharjo Sub-district of Grobogan District of Central Java Province was one of the Muslim communities that might be called as a bastion of Islam in the region. However, in practicing thc division of the estates, they preferred customary law as a means of solving problems they faccd rather than Islamic laws and B W. This research dealt with the practices of the division of the estates implcmcnted by the student community of those two villages and the faetors that affectcd the student community in those two villages using customary law in dividing the estate. This research was conducted with legal anthropological approach, using qualitative deseriptive analysis. The author explored the cultural division of the estates in the two villages and the faetors that influenced them to preserve their culture. The data were collected through interviews, observation, and documentation being analyzed with the theory of funetionalism. The results of the analysis showed two findings. The first finding was that the student community in two villages divided the estates mostly by using the customary laws. However, there were several families that used the Islamic laws and some others combined the Islamic laws, BW, and the customary laws. The second finding was that the faetors influencing the division of the estates with the customary laws were classified into two, main and supporting. The main faetors were the interrelationship between kinship systems, community cultures in seeking rizq or provision, their view of the estates, the flow of the estates, the views of the daughters, adopted child, stepchildren, and children of different religions. To avoid conflicts, the principle of justice, peace, harmony, and unity of families received special attention, as the division was done before the testator died. The supporting faetors were being cxcmplary and fatwas from the school teachers. These faetors could be returned to the main source of Islamic teachings, namcly the Qur’an and Sunnah. Thercfore, the division model of the estates by the student community of the two villages could be called ‘revelation-based local wisdom received by thc Prophct’ (Local prophetic wisdom).

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