The Principle of Segendong Sepikul in the Inheritance Distribution System of the Muslim Community from the Perspective of Multidisciplinary Studies

Syahriana, Nur Alfy and Mahmudi, Zaenul (2022) The Principle of Segendong Sepikul in the Inheritance Distribution System of the Muslim Community from the Perspective of Multidisciplinary Studies. De Jure: Jurnal Hukum dan Syar'iah, 14 (2).

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Abstract

This research was motivated by the researcher's interest in the principle of segendong sepikul which is applied in the Muslim community of Kandangtepus Village, Lumajang Regency, East Java, in distributing the inheritance. The purpose of this article is to describe the practice of the principle of segendong sepikul in the inheritance distribution model by the Muslim community of Kandangtepus Village. In the light of that, the researcher analyzes the said practice by using a multidisciplinary study in the present juridical-empirical research. Analyzed from the juridical´┐Żnormative side, this practice is not in accordance with the provisions on the distribution of inheritance as found in the Sunni jurisprudences and the Compilation of Islamic Law. From a sociological perspective, this practice is appropriate with principles of justice according to Gustav and the concept of al-islah (reconciliation), as one of the teachings of Islam. Finally, the practice is likewise appropriate with the principles of Human Rights as it gives the person's rights according to the degree of the responsibility they carry.

Item Type: Journal Article
Keywords: Islamic inheritance; adat law; local wisdom
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012816 Mawaris (Inheritance)
18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012829 Islamic Family Issues & Local Tradition
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Zaenul MA
Date Deposited: 20 May 2023 05:57

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