BEYOND PATRIARCHY: PRAKTIK PEMBERIAN WARISAN LEBIH BESAR KEPADA ANAK PEREMPUAN BUNGSU DALAM HUKUM ADAT KAMPAR DI KELURAHAN PULAU

Muhammad Rojil Ghufron, S.H, NIM.: 23203012003 (2025) BEYOND PATRIARCHY: PRAKTIK PEMBERIAN WARISAN LEBIH BESAR KEPADA ANAK PEREMPUAN BUNGSU DALAM HUKUM ADAT KAMPAR DI KELURAHAN PULAU. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the Kampar traditional community, particularly in Pulau Village, there is a unique inheritance practice where the youngest daughter receives a larger share of the inheritance than her siblings. This tradition is interesting because it emerged in an environment still influenced by patriarchal values, yet exhibits a different dynamic. The granting of a larger share is not a form of favoritism toward women, but rather a recognition of the youngest daughter's role in caring for parents and maintaining the sustainability of family assets. This phenomenon grows from a combination of customary values and Islamic teachings. Islam regulates inheritance through faraidh, while Kampar custom emphasizes social and moral considerations. The interaction of these two systems creates a harmonious space for negotiation and reflects the development of local justice. Based on this, this study formulates two main questions: why the youngest daughter receives a larger share of the inheritance under Kampar customary law in Pulau Village, and how the interaction between customary law and Islamic inheritance law occurs in this practice. This research is a field study using a juridical-anthropological approach. Data analysis was conducted using descriptive qualitative methods, while data collection techniques included observation, interviews, and documentation. The theories used in this study include patriarchy, legal pluralism, and justice. The results of this study indicate that the practice of giving a larger inheritance to the youngest daughter in the Kampar indigenous community in Pulau Village reflects a matrilineal kinship system, where lineage and property ownership are inherited through the mother. The youngest daughter has a privileged position as the successor to family responsibilities, especially in caring for parents and maintaining heirloom houses as a symbol of honor and family unity. This tradition is understood as a form of contextual justice that balances rights, obligations, and devotion. The interaction between custom and Islamic law demonstrates a harmonization of values based on the principle of adat basandi syarak, syarak basandi kitabullah which unites local religious and cultural norms. Through family deliberations involving traditional and religious leaders, the Pulau Village community is able to integrate faraidh provisions with customary justice values. Thus, this practice reflects the local wisdom of the Kampar community in upholding justice, maintaining social harmony, and strengthening the integration of customary law and Islamic law within the framework of Indonesian legal pluralism.

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