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KOMPARASI KONSEP HUKUM KEWARISAN ISLAM DAN PENGHAYAT KEPERCAYAAN PALANG PUTIH NUSANTARA
Legal pluralism in Indonesia reflects the diversity of culture, religion, and belief systems within society. In the context of inheritance law, there are three systems that coexist: Islamic inheritance law, customary law, and national law. This study compares the Islamic inheritance system with the inheritance system of the Palang Putih Nusantara faith community, particularly regarding the principle of a two-to-one distribution between male and female heirs. The research employs comparative law theory to examine similarities and differences between the two legal systems, as well as to trace the interrelation among several legal provisions. This study applies field research with a descriptive nature and a comparative approach. The sources of data consist of both primary and secondary data, collected through interviews and documentation studies. The data were analyzed using a deductive method and presented qualitatively. The findings discuss the comparison between Islamic inheritance law and the inheritance law of the Palang Putih Nusantara faith community, each of which has distinct systems, foundations, and mechanisms, yet both are oriented toward justice and family balance. slamic inheritance law is a comprehensive system derived from the Qur’an, Hadith, and ijmā’, with detailed regulations regarding heirs, fixed shares (aṣḥābul furūḍ), and the mechanism of distribution after the settlement of debts and the execution of bequests. In contrast, the inheritance system of Palang Putih Nusantara is based on local customs, spirituality, and family deliberation, upholding principles of balance, togetherness, and reverence for ancestors, which are reflected in the concept of sepikul segendongan and social considerations in determining heirs. The comparison highlights fundamental differences: Islamic inheritance law emphasizes normative certainty through al-furūḍ al-muqaddarah and heir classification, while the Palang Putih Nusantara inheritance system underscores flexibility, kinship values, and consensus to maintain fairness in wealth distribution.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KOMPARASI KONSEP HUKUM KEWARISAN ISLAM DAN PENGHAYAT KEPERCAYAAN PALANG PUTIH NUSANTARA (Text)
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