Institutional Repository UIN Sunan Kalijaga YogyakartaNEGOSIASI HUKUM ADAT DENGAN HUKUM ISLAM DALAM PEMBAGIAN HARTA WARISAN PADA MASYARAKAT KAMPUNG NAGA TASIKMALAYANIM.: 213030311002Muhammad AbduhauthorLegal pluralism in inheritance law in Indonesia often generates normative tensions between the textual certainty of Islamic jurisprudence (farā’iḍ) and customary legal practices that are embedded in society as living law. Doctrinally, Qur’anic Surah al- Nisā’ verse 11 establishes a 2:1 ratio in the distribution of inheritance between male and female children as a qaṭ‘ī provision. However, the Muslim customary community of Kampung Naga in Tasikmalaya consistently practices an equal 1:1 inheritance distribution through guar waris deliberations based on the philosophy of repeh rapih. This gap between normative texts and empirical reality raises fundamental academic questions concerning how the dialectical negotiation between customary norms and Islamic law takes place, how religious and customary leaders employ legal reasoning to resolve such differences, and what rationales underlie the preference of the Muslim community of Kampung Naga for an equal distribution scheme rather than the mathematical formula prescribed by farā’iḍ. This study is a qualitative field study employing a descriptiveanalytical method and a socio-legal approach complemented by a sociological perspective. Data were collected through triangulation techniques, including in-depth interviews with key informants consisting of the Kuncen, Punduh, Lebe, village officials, and six heir families; participant observation of guar waris deliberations; and documentary analysis of village land administration records. The theoretical framework integrates William Ury and Roger Fisher’s Principled Negotiation Theory, Talcott Parsons’ Structural Functional Theory through the AGIL scheme, the Thomas-Kilmann Conflict Mode Instrument (TKI), Najmuddīn al-Ṭūfī’s theory of maṣlaḥah, and Islamic gender hermeneutics developed by Amina Wadud and Asma Barlas. Data were analyzed through an interactive qualitative process involving data reduction, data display, and verification/conclusion drawing, supported by inductive-deductive reasoning. The findings reveal three main results. First, the negotiation between customary law and Islamic law is manifested in an Integrative-Accommodative Negotiation Model based on rapih while mitigating potential conflicts among siblings, expressed through the concepts of bencekeweng and matak tumpur. The philosophical rationality of al-Ṭūfī’s maṣlaḥah is reflected in the effort to prevent harm (dar’u al-mafāsid), preserve family welfare, and realize the objectives of maqāṣid al-syarī‘ah. Meanwhile, substantive gender-justice rationality is associated with transformations in family economic structures and the distribution of family responsibilities, whereby the contributions of daughters cannot always be assessed solely through traditional gender-role constructions. In this context, greater recognition is accorded to the care work performed by daughters in accompanying and caring for aging parents. Such recognition is given concrete expression through the management and utilization of sagunuk assets as part of the family’s socio-economic mechanism. Therefore, the choice of a 1:1 distribution can be understood as a reconstruction of justice that considers not only mathematical equality of shares but also contribution, responsibility, familial relationships, welfare, and the sustainability of social life within the Kampung Naga community. The study makes a theoretical contribution by reconstructing a Triadic Convergence Model involving Islamic Law, Customary Law, and Positive Law within the study of legal pluralism in Islamic family law. It demonstrates that customary law and Islamic law can engage in a symbiotic dialogue, producing a form of living law oriented toward justice without necessarily negating one another. Practically, the study provides an epistemological contribution for Religious Court judges and legal mediators by encouraging the use of relational-communal negotiation approaches and the doctrine of taṣāluḥ, as accommodated under Article 183 of the Compilation of Islamic Law, in resolving inheritance disputes. It also provides a policy reference for regional and village governments in harmonizing customary land administration in a manner that ensures legal certainty (rechtzekerheid) while protecting the rights of indigenous communities.346.05 Hukum Waris, Kewarisan2026-05-05UIN SUNAN KALIJAGA YOGYAKARTA;FAKULTAS SYARI’AH DAN HUKUMThesis

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