PEMBAGIAN HARTA WARISAN MASYARAKAT ADAT MATRILINEAL DI DESA TEBING TINGGI

Habib Arrasyid, Lc., NIM.: 23203011153 (2025) PEMBAGIAN HARTA WARISAN MASYARAKAT ADAT MATRILINEAL DI DESA TEBING TINGGI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study aims to analyze the practice of legal dualism between Compilation of Islamic Law (KHI) and matrilineal customary law in Tebing Tinggi Village, Kerinci Regency, Jambi Province. This phenomenon reveals differing perspectives and implementations between state law, which refers to the Compilation of Islamic Law (KHI), and customary law, which continues to be upheld and practiced socially by the local community. Although the majority of the village population is Muslim, they prefer to apply customary inheritance law, which follows the maternal lineage, where daughters are regarded as the main heirs, particularly for immovable assets such as land and houses. This research employs a legal anthropology approach, using John Griffiths’ theory of legal pluralism as the analytical framework. Griffiths distinguishes between weak legal pluralism—recognized and institutionalized by the state—and strong legal pluralism, which operates independently within society. In this context, the matrilineal customary law of Tebing Tinggi Village represents strong legal pluralism, persisting despite the lack of formal state recognition. Data were collected through field research, including interviews with customary and religious leaders, inheritance practitioners, documentation, and literature review. The findings show that the people of Tebing Tinggi view adat (custom) and religion not as opposing forces but as complementary value systems in their social life. Conflict arises when textual interpretations of Islamic law clash with customary practices, even leading to social segregation such as the formation of two mosque congregations based on differing legal preferences. The evolving role of women as primary economic contributors also influences resistance to the gender-based inheritance distribution in Islamic law. This research underscores the need for a more inclusive and contextual legal approach that accommodates local dynamics as part of social justice. The study contributes to the discourse on legal pluralism and opens pathways toward a more harmonious integration between state law and community-based customary legal systems

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