RR Dewi Anggraeni, . (2023) Islamic Law and Customary Law in Contemporary Legal Pluralism in Indonesia: Tension and Constraints. Ahkam: Jurnal Ilmu Syariah, 23 (1). pp. 25-48. ISSN 2407-8646
|
Text
32549-99631-1-PB.pdf Download (342kB) | Preview |
|
|
Text
FullJurnalAhkam_Sinta1.pdf Download (3MB) | Preview |
Abstract
Legal pluralism poses a challenging issue in the application of law in society. Indonesia, as a pluralistic country with diverse ethnicities, customs, and religions, faces conflicts between legal systems. This study addressed the conflicts between Islamic law, state law, and customary law regarding inheritance within the kinship system of Indonesian society. Data were collected from court decisions and legal scholars' opinions, which were then analyzed using the theories of legal pluralism, reception in complexu, and receptio a contrario. The study found that legal conflicts arise among customary laws within the matrilineal, patrilineal, and parental kinship systems, particularly in inheritance matters. Legal conflicts occur when faced with Islamic law, which resonates with religious practices, and state law, which applies to all citizens. Based on several court decisions, the inheritance distribution resulting from differences in legal systems, especially within the customary kinship system, is disregarded in favor of state and Islamic law. This study implies a shift in the inheritance distribution system, which is no longer purely based on the kinship system of indigenous communities. Keywords: legal pluralism; Islamic law; state law; inheritance distribution
| Item Type: | Article |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | Enas Nasrulloh |
| Date Deposited: | 10 Jul 2023 07:01 |
| Last Modified: | 15 Aug 2023 05:22 |
| URI: | http://repository.unpam.ac.id/id/eprint/11056 |
Actions (login required)
 |
View Item |
