Patterns of Inheritance Distribution in Tlogoharjo Village, Giritontro Subdistrict in the Review of Islamic Law

Erkham Maskuri
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Abstract

The pattern of inheritance distribution in rural communities is a complex phenomenon, especially when viewed from the perspective of Islamic law. With the diversity of ethnicities, races, languages, religions, and traditions in Indonesia, differences arise regarding the pattern of inheritance distribution in the community. The fundamental thing about the inheritance system is the distribution of inheritance that is in line with the current legal regulations. This research aims to analyze the pattern of inheritance distribution in the community of Tlogoharjo Village, Giritontro Subdistrict, with a focus on related aspects of Islamic law. This research was conducted using field research with a qualitative method with a descriptive approach which is one of the qualitative research methodologies and data collection techniques by means of observation and interviews. The results of this study are that the pattern of distribution of inheritance property both before and after the heir dies is allowed in Islamic Law as long as there is no element of harm, this is because Islamic Law accepts culture and custom as legal norms that must be obeyed if there is no deviation in it and Islamic law is flexible which can be developed according to the needs of people living in the modern era today.  Furthermore, the pattern of inheritance distribution in Tlogoharjo Village is still strongly influenced by customary values and local traditions, although Islam is formally the legal basis. However, there is a tendency for adjustments to the principles of Islamic law in the practice of inheritance distribution. For example, the inheritance rights stipulated in the Qur'an and Sunnah tend to be respected, although sometimes with interpretations adapted to the social and cultural context of the village community. This research also highlights some differences between the practice of inheritance distribution in village communities and the ideal principles of Islamic law. Factors such as lack of understanding of religious teachings, hereditary traditions and economic factors play an important role in shaping inheritance distribution patterns.
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回顾伊斯兰法中吉里通特罗分区 Tlogoharjo 村的遗产分配模式
农村社区的遗产分配模式是一个复杂的现象,尤其是从伊斯兰法的角度来看。印尼的民族、种族、语言、宗教和传统多种多样,因此社区中的遗产分配模式也不尽相同。继承制度的根本在于符合现行法律规定的遗产分配。本研究旨在分析 Giritontro 分区 Tlogoharjo 村社区的遗产分配模式,重点关注伊斯兰法的相关方面。本研究采用定性研究方法之一的描述性方法进行实地调查,并通过观察和访谈收集数据。研究结果表明,伊斯兰法允许继承人死前和死后的继承财产分配模式,只要不存在损害因素,这是因为伊斯兰法将文化和习俗视为法律规范,只要不出现偏差就必须遵守,而且伊斯兰法是灵活的,可以根据当今现代人的需求加以发展。 此外,Tlogoharjo 村的遗产分配模式仍然深受习惯价值观和当地传统的影响,尽管伊斯兰教在形式上是法律依据。不过,在遗产分配实践中,伊斯兰法的原则有调整的趋势。例如,《古兰经》和《圣训》中规定的继承权往往会得到尊重,尽管有时会根据村社的社会和文化背景做出相应的解释。本研究还强调了乡村社区遗产分配做法与伊斯兰法理想原则之间的一些差异。对宗教教义缺乏了解、世袭传统和经济因素等因素在形成遗产分配模式方面发挥着重要作用。
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