BUKAN DUA BANDING SATU TAPI SATU BANDING SATU: SISTEM PEMBAGIAN WARISAN DI MASYARAKAT MUSLIM DESA ARGOMULYO, SEDAYU, BANTUL, YOGYAKARTA

Siti Khamidatus Sholikhah, Lc, NIM.: 21203012121 (2023) BUKAN DUA BANDING SATU TAPI SATU BANDING SATU: SISTEM PEMBAGIAN WARISAN DI MASYARAKAT MUSLIM DESA ARGOMULYO, SEDAYU, BANTUL, YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (BUKAN DUA BANDING SATU TAPI SATU BANDING SATU: SISTEM PEMBAGIAN WARISAN DI MASYARAKAT MUSLIM DESA ARGOMULYO, SEDAYU, BANTUL, YOGYAKARTA) 21203012121_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (BUKAN DUA BANDING SATU TAPI SATU BANDING SATU: SISTEM PEMBAGIAN WARISAN DI MASYARAKAT MUSLIM DESA ARGOMULYO, SEDAYU, BANTUL, YOGYAKARTA) 21203012121_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (7MB) | Request a copy

Abstract

Some areas have customary provisions that differ from the provisions of Islamic law. One of the areas is Argomulyo sub-district. Argomulyo Village provides inheritance for boys and girls using the inheritance ratio (1:1). This is interesting to study and I want to examine it by looking at several issues. First, related to the meaning of inheritance distribution, more specifically the division of inheritance to sons and daughters. Second, regarding the mechanism of inheritance distribution and the factors of Muslim society, Argomulyo still applies the distribution of inheritance with a system (1: 1) for boys and girls. This study uses an anthropological approach to Islamic law to see how law affects the process. The study was based on primary and secondary data. Primary data were obtained from interviews with several resource persons, namely the head of the sub-district, five heads of hamlets, five clans, and five Argomulyo Muslim communities who are heirs. Secondary data were obtained from reviewing previous research in the form of books related to inheritance law, journals, and other scientific works. The data that has been collected is presented by qualitative analysis. This study is descriptive-qualitative to describe what happened at the research site. The theories used are the theory of internalization of law and the theory of cultural determination. This study found that first, the Argomulyo Muslim community interprets inheritance as a form of welfare for children, a form of equality and a form of affection between brothers. Second, society maintains provisions on the inheritance law of sons and daughters (1:1) that are different from the provisions of Islamic law (2:1). The division of inheritance (1:1) is carried out in two ways, namely the division of inheritance before the death of the testator and after the death of the testator. As for the distribution of inheritance after the death of the heir, the Argomulyo Community divides it in several other ways. Third, there are several factors that support the maintenance of the customary inheritance system with a ratio (1: 1) which includes the support of ulama, although ulama understand Islamic inheritance law, but they support customary provisions (1: 1) because of several meanings, in addition to the support of ulama there is a factor of understanding that adat is sacred and is still being followed because this custom is considered a good thing. Moreover, society also understands that division (1:1) is to strengthen equality between men and women and it is done based on agreements.

Share this knowledge with your friends :

Actions (login required)

View Item