TY  - THES
N1  - Dr. Siti Muna Hayati, M.H.I.
ID  - digilib77967
UR  - https://digilib.uin-suka.ac.id/id/eprint/77967/
A1  - Dara Ninggar O.F.W., NIM.: 24203011078
Y1  - 2026/07/30/
N2  - Islamic inheritance law normatively establishes a 2:1 distribution ratio between male and female heirs as stipulated in Surah an-Nisa? verse 11. However, the community of Kesilir Village, Wuluhan Subdistrict, Jember Regency, demonstrates a different practice, with the majority of its society implementing an equal inheritance distribution system (dum-dum kupat). This research aims to examine the practice of equal inheritance distribution, uncover the underlying sociological factors, and analyze the role of local leaders in resolving inheritance settlements using the perspective of the Sociology of Islamic Law.
This research is a field study utilizing interviews and documentation as data collection techniques. The obtained data were then presented descriptively and interpretatively. In order to solve the established main problems, the researcher applied the perspective of the sociology of Islamic law derived from the thought of Prof. M. Atho? Mudzhar. This theory is used to observe how living Islamic law interacts with social reality and how community leaders play a role in facilitating equal inheritance settlements (dum-dum kupat) based on the principle of mutual consent (?an tar??in) to maintain communal harmony amidst the occurring cultural shifts.
The results of this research conclude with two main findings. First, the pattern of equal inheritance distribution in Kesilir Village does not occur instantly; rather, it is triggered by a socio-economic role shift where women have public roles in the agricultural sector, dispute prevention efforts to anticipate rivalry between siblings, along with moral considerations for daughters who happen to be the ones caring for their elderly parents. This pattern manifests through family deliberations strongly characterized by the values of guyub rukun and the typical Javanese culture of ewuh pakewuh, thereby generating genuine willingness from male heirs to relinquish a portion of their share to achieve substantive justice. Second, community leaders possess highly effective social authority in directing inheritance settlements when internal family deliberations reach a deadlock. Through the lens of the Sociology of Islamic Law, the involvement of local leaders in facilitating the i?l?? pathway based on the principle of mutual consent (?an tar??in) is a tangible manifestation of living law and a harmonious compromise capable of preserving communal harmony without violating the essence of the ma?la?ah of Islamic law.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Waris Sama Rata
KW  -  Sosiologi Hukum Islam
KW  -  Isla?
KW  -  Tokoh Masyarakat
M1  - masters
TI  - PRAKTIK PEMBAGIAN HARTA WARIS SAMA RATA DI DESA KESILIR KECAMATAN WULUHAN KABUPATEN JEMBER
AV  - restricted
EP  - 137
ER  -