TY  - THES
N1  - Prof. Drs. H. Ratno Lukito, M.A., DCL. dan Prof. Dr. H. Riyanta, M.Hum.
ID  - digilib79654
UR  - https://digilib.uin-suka.ac.id/id/eprint/79654/
A1  - Muhammad Abduh, NIM.: 213030311002
Y1  - 2026/05/05/
N2  - Legal pluralism in inheritance law in Indonesia often generates
normative tensions between the textual certainty of Islamic
jurisprudence (far??i?) and customary legal practices that are
embedded in society as living law. Doctrinally, Qur?anic Surah al-
Nis?? verse 11 establishes a 2:1 ratio in the distribution of
inheritance between male and female children as a qa??? 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 far??i?.
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), Najmudd?n al-??f??s theory of
ma?la?ah, 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-??f??s ma?la?ah is reflected in
the effort to prevent harm (dar?u al-maf?sid), preserve family
welfare, and realize the objectives of maq??id al-syar??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 ta??lu?, 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.
PB  - UIN SUNAN KALIJAGA YOGYAKARTA
KW  - Negosiasi Hukum
KW  -  Hukum Waris Islam
KW  -  Hukum Adat
KW  - 
Kampung Naga
KW  -  Tasaluh
KW  -  Repeh Rapih
KW  -  Maslahah
KW  -  Keadilan
Substantif
M1  - doctoral
TI  - NEGOSIASI HUKUM ADAT DENGAN HUKUM ISLAM DALAM PEMBAGIAN HARTA WARISAN PADA MASYARAKAT KAMPUNG NAGA TASIKMALAYA
AV  - restricted
EP  - 353
ER  -