2023
DOI: 10.29240/jhi.v8i1.5480
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The Struggle of Custom and Sharia: Classic Dilemma of Inheritance Settlement in Javanese and Minangkabau Ethnic Communities in Indonesia

Abstract: This research aims at determining the reasons and causes for dividing inheritance before the death of the testator, as well as the implications of this inheritance division pattern on the heirs. The disagreement between custom (also known as adat) and Sharia creates an issue in the division of inheritance in Sungai Duo Village, South Solok Regency, Indonesia. In its principle, inheritance is divided after the testator dies. However, in Sungai Duo Village it applies differently, where inheritance is distributed… Show more

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Cited by 3 publications
(2 citation statements)
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“…The involvement of customary law perspectives in interpreting a rule produced by fiqh cannot be denied, as is also the case in inheritance law (Elfia et al, 2022(Elfia et al, , 2023. The guidelines found in fiqh regarding the distribution of inheritance outline the determination of inheritance shares for heirs such as spouses,…”
Section: Scope Of Family Law (Ahwal As-syakhshiyyah)mentioning
confidence: 99%
“…The involvement of customary law perspectives in interpreting a rule produced by fiqh cannot be denied, as is also the case in inheritance law (Elfia et al, 2022(Elfia et al, , 2023. The guidelines found in fiqh regarding the distribution of inheritance outline the determination of inheritance shares for heirs such as spouses,…”
Section: Scope Of Family Law (Ahwal As-syakhshiyyah)mentioning
confidence: 99%
“…In this village, the inheritance is distributed before the heir dies. 14 15 The research begins by exploring seven inheritance divisions in Javanese traditions, namely the division of the inheritance of the Sepikul segendong, the division of the inheritance of sigar papat, peace, nyusuki, suspension of inheritance distribution, distribution of the inheritance of adopted children, and the distribution of inheritance equally. The meaning of sepikul sagendhongan is one bear, one sling.…”
Section: Introductionmentioning
confidence: 99%