Journal of Islamic Law ISSN: 2721-5040 .
& 2721-5032 .
Vol.
No.
2, 2025, pp.
177Ae205 https://doi.
org/10.
24260/jil.
Negotiating Sharah and Customary Law: Legal Pluralism in Familial Relationships among the Suku Anak Dalam in Jambi Illy Yanti,1* Yuliatin,1 Siti Mahmudah,2 Mahluddin,1 Yuniar Galuh Larasati3 1UIN Sulthan Thaha Saifuddin.
Jambi.
Indonesia 2UIN Raden Intan.
Lampung.
Indonesia 3Universitas Gadjah Mada.
Yogyakarta.
Indonesia *Correspondence: illyyanti@uinjambi.
*Received: 26-07-2024 | Revised: 17-01-2025, 03-03-2025 | Accepted: 12-06-2025 Abstract This article explores how the Suku Anak Dalam (SAD) community resists the application of Islamic law in family matters, specifically in the determination of dower .
, the management of joint property, and the distribution of inheritance.
While most SAD members have formally converted to Islam, their legal practices remain rooted in a matrilineal customary system passed down through generations.
Challenging prevailing scholarly emphasis on integrative frameworks between Islamic law and local custom, this study demonstrates that, in the SAD context, resistance emerges when elements of Islamic jurisprudence .
clash with the communityAos socio-cultural structure and shared values.
Using a socio-legal approach and qualitative methods, the research draws on in-depth interviews with seven key informants, including a religious leader, the tumenggung .
ribal chie.
, customary elder, community facilitator, subdistrict head, and SAD community The findings reveal a persistent orientation toward collective female authority: mahr is determined by the brideAos maternal kin group.
joint property, upon divorce, is granted entirely to the wife.
and inheritance follows a strictly matrilineal Rather than rejecting Islamic law on theological grounds, this resistance reflects a form of public reasoning grounded in ancestral consensus.
The study highlights the importance of interpreting Islamic law through contextual, dialogical, and adaptive lensesAiparticularly within societies shaped by legal pluralism.
[Artikel ini mengkaji bentuk-bentuk resistensi yang muncul dalam komunitas Suku Anak Dalam (SAD) terhadap penerapan hukum Islam dalam ranah hukum keluarga, khususnya terkait penetapan mahar, pengelolaan harta bersama, dan pembagian warisan.
Meski secara formal mayoritas anggota komunitas SAD telah memeluk Islam, praktik hukum yang dijalankan tetap berpijak pada sistem hukum adat matrilineal yang diwariskan lintas generasi.
Berbeda dari kecenderungan literatur sebelumnya yang menekankan model integratif antara syariah dan adat, studi ini justru menunjukkan bahwa dalam konteks SAD, resistensi muncul ketika ketentuan-ketentuan fikih dianggap tidak sejalan dengan struktur sosial dan nilai-nilai kolektif komunitas.
Dengan pendekatan sosio-legal dan metode kualitatif, penelitian ini mengumpulkan data melalui wawancara mendalam dengan tujuh informan kunci: tokoh agama, tumenggung .
epala suk.
, pemimpin adat, pendamping komunitas, pejabat lokal, dan anggota komunitas SAD.
Temuan utama memperlihatkan bahwa praktik hukum keluarga di komunitas ini lebih menekankan otoritas kolektif perempuan, tercermin dari penentuan mahar oleh keluarga pihak ibu, pengalihan penuh harta bersama kepada istri setelah perceraian, serta sistem pewarisan Copyright A 2025 by Author.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.
0 International License.
Yanti et al.
yang mengikuti garis keturunan perempuan.
Artikel ini berargumen bahwa resistensi tersebut bukan merupakan penolakan teologis terhadap hukum Islam, melainkan lahir dari penalaran publik yang bertumpu pada konsensus adat.
Temuan ini menegaskan pentingnya pendekatan hukum Islam yang lebih kontekstual, dialogis, dan responsif terhadap pluralitas hukum dalam masyarakat adat.
Keywords: Customary Law.
Dower.
Inheritance.
Islamic Law.
Joint Property.
Resistance.
Suku Anak Dalam.
Introduction In several Indigenous communities in Indonesia that have embraced Islam, there has been a marked shift toward the adoption of fiqh (Islamic jurisprudenc.
-based norms, particularly in the domain of Islamic family law.
1 This process of Islamization signifies not only a religious transformation but also a normative realignmentAifrom localized customary legal systems to Islamic legal frameworks presumed to carry higher religious authority and universal 2 Numerous studies have shown that Muslim Indigenous groups tend to adapt their traditional practices to align with the principles of Islamic law, although such alignment often entails significant changes to deeply embedded social structures.
3 In this context, customary law is not entirely abandoned, but rather subordinated to Islamic law,4 forming hybrid legal arrangements in which Islamic law increasingly dominates as the principal normative system.
However, this trajectory does not unfold uniformly across all Indigenous Muslim The case of the Suku Anak Dalam (SAD) or Anak Dalam Tribe in Jambi illustrates a contrasting patternAione that challenges the prevailing assumption that Islamic law is gradually integrated into customary systems.
6 Unlike the Melayu Buyan community in West Kalimantan, which has successfully internalized Islamic principles within its customary See: Ilyas Ilyas et al.
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Subhan Subhan.
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legal framework,7 the SAD community continues to uphold its matrilineal customary law as the primary normative structure, especially in key areas such as marriage, divorce, and In divorce, for instance, joint marital property .
ono-gin.
is entirely transferred to the wife.
in inheritance, women receive a greater share, in ways that depart significantly from the rules outlined in fiqh.
8 These practices suggest that Islamic law has yet to replace the social legitimacy of customary law within the SAD community, reflecting the enduring vitality of a localized legal system even in a context of formal Islamic observance.
To date, prior research has not comprehensively addressed forms of practical resistance to Islamic law in Indigenous Muslim contextsAiparticularly with regard to marriage and inheritance.
Existing studies tend to fall into three main interpretive categories.
The first examines resistance within the framework of national legal reform.
10 Muh Alfian, for example, argues that social dynamics compel shifts in values that necessitate a contextual adaptation of fiqh.
This line of argument stresses the importance of flexibility in Islamic law as a response to societal change.
11 The second strand focuses on value dissonance between Islamic norms and local traditions.
12 Muji Mulia et al.
contend that resistance often emerges from clashes between local values and formalist understandings of Islamic law.
13 The third views resistance as a deviation from normative fiqh provisions.
14 In this view.
Widodo and Karnawati argue that frequent departures from Islamic legal norms signal the weak authority Zaimuariffudin Shukri Nordin et al.
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of Sharah in everyday practice.
15 These approaches remain largely normative in nature and leave little room for understanding law as lived practice, sustained and negotiated in daily communal life.
This article seeks to address that gap by exploring three guiding questions:
What forms does resistance to Islamic law take in SAD family practices? What socio-cultural factors underlie this resistance? Moreover, how does the interaction between Islamic and customary law shape local legal authority? The article argues that resistance to Islamic law among the SAD is not a theological rejection, but rather a reflection of the fundamental incongruity between a local, matrilineal value system and a legal framework rooted in patrilineal and formalist structures.
This study employs a field-based research design grounded in a socio-legal approach.
Fieldwork was conducted over six months in two separate phases in Dusun Pasir Putih.
Karya Bakti Village.
Pelepat Subdistrict.
Muaro Bungo Regency.
Jambi Province.
Indonesia.
The first phase, carried out between September 13 and December 20, 2019, focused on participatory observation of the daily lives of the SAD community, particularly in relation to their marriage traditions and inheritance practices.
The second phase, conducted from February 15 to April 30, 2020, aimed to verify and deepen the initial data.
In-depth interviews were conducted with seven key informants, including a religious leader, the tumenggung .
ribal chie.
, a customary elder of the SAD, a community facilitator, the subdistrict head, and two SAD community membersAione a Muslim and the other an adherent of Animist beliefs.
Secondary data were drawn from scholarly literature on Islamic and customary law.
All data were analyzed qualitatively using the framework of public reasoning as articulated by John Bowen.
According to Bowen, ideal law emerges from a deliberative process between communities and legal authorities, in which local norms are not erased but rather rationalized and preserved as part of a shared value system.
16 In the case of the SAD, adherence to customary law reflects a form of collective rationalization that prioritizes substantive justice and cultural meaning, positioning customary law as the system deemed most relevant and fair by the community itself.
Socio-Cultural Background of the Suku Anak Dalam Community The SADAialso known as the Orang RimbaAiare broadly divided into two main groups: those who have embraced Islam and those who continue to follow Animist beliefs.
17 Among these, the majority now identify as Muslims.
18 In their daily lives.
Muslim SAD community members engage in various formal religious practices, such as observing the five daily prayers, fasting during Ramadan, and paying zakat.
They reside in government-constructed permanent housing and have access to a small prayer hall .
that serves both as a place of worship and as an informal religious education center for children.
19 A QurAoanic teacher Widodo and Karnawati.
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uru ngaj.
assigned by the Ministry of Religious Affairs provides instruction in basic Islamic rituals, including prayer techniques and QurAoanic recitation.
20 Nevertheless, in terms of social norms and community governance, customary law continues to serve as the principal framework guiding individual behavior and social relations.
21 This reality suggests that conversion to Islam has been primarily formal and normative, while the communityAos social structure and legal practices remain firmly rooted in long-standing adat .
Historically, the SAD community in Jambi shares deep genealogical ties with the Minangkabau people of West Sumatra.
23 These connections are evident in their kinship system, which follows a matrilineal structure characteristic of the Adat Perpatih tradition.
Under this system, ownership and inheritance rights are passed down through the maternal All daughters in a family hold collective rights over inherited assets, particularly ancestral 25 The concept of individual land ownership does not exist within this framework.
instead, female clan members jointly manage and benefit from communal resources.
Authority over household decision-making and the arrangement of marriages likewise rests with the maternal line.
This matrilineal value system and social structure, still consistently practiced within the SAD community today,26 underpins their resistance to Islamic legal norms, which are often perceived as patriarchal and male lineage-oriented.
The social structure of the SAD is governed by a customary leadership system centered on the tumenggung,28 the highest authority figure in the community, who holds judicial, normative, and spiritual power.
The tumenggung functions as the guardian of customary law, the arbiter of sanctions for social violations, and the ceremonial leader in collective rituals and traditional observances.
Decisions issued by the tumenggung are considered final and binding, and are collectively upheld by all community members.
29 This authority is supported by a set of normative guidelines known as selokoAia corpus of life principles, indigenous wisdom, and social norms transmitted orally across generations.
The values embedded in seloko emphasize the importance of order, communal harmony, clear boundaries, honesty.
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and reverence for nature and ancestral spirits.
30 For instance, the maxim Audimano bumi dipijak, di situ langit dijunjungAy .
herever one stands, the sky must be upheldAia call to respect local custom.
underscores the necessity of adapting to prevailing norms, while Auado rimbo ado bungo, ado bungo ado dewoAy .
here there is forest, there are flowers.
where there are flowers, there are guardian.
31 conveys a sacred perception of the natural environment.
These principles serve as moral foundations and operate as an informal regulatory system, shaping social order and conferring legitimacy upon the communityAos legal practices.
Despite having formally embraced Islam.
SAD community members continue to observe a range of customary rituals imbued with local spiritual significance, including reverence for ancestral spirits and acknowledgment of metaphysical entities such as nature 33 These rituals reflect a continuity between pre-Islamic belief systems and Islamic religious structures, reinforcing the role of cultural heritage as a medium for invoking blessings, safety, and well-being.
A notable example is the traditional process of appointing customary leaders such as the tumenggung .
and jenang .
eputy chie.
, which involves a series of tests based on spiritual strength, physical capability, and social legitimacy.
34 Another key ritual is melangun, the temporary relocation of a household following the death of a family member, carried out as an expression of respect for the departed soul.
Traditionally, this period of displacement lasted up to three years before resettlement in a new location.
35 These varied practices demonstrate that, while Islamic symbols and rituals have been accepted to a certain extent, customary values and legal traditions continue to define the normative framework of everyday life within the SAD community.
In this regard, customary law does not merely supplement Islamic norms.
it constitutes an autonomous and dominant legal system that shapes the communityAos collective life.
Resistance to Fiqh Norms: Mahr.
Joint Property, and Inheritance Resistance to fiqh norms within the SAD community does not occur across the board, but is concentrated in three crucial areas of family law: mahr .
, the division of joint property following divorce, and inheritance.
These domains are particularly significant because they reveal clear normative tensions between the formalized provisions of Islamic law and the customary legal practices inherited across generations.
By contrast, in matters of individual religious observanceAisuch as daily prayers, fasting during Ramadan, and the payment of zakatAiIslamic teachings have been widely internalized and are practiced by Muslim SAD members with little or no resistance.
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are more readily accepted when they do not conflict with the communityAos social structure and collective values, whereas legal norms that disrupt customary arrangements tend to provoke latent forms of resistance.
In this context, resistance to Islamic law should not be interpreted as a rejection of the religion itself.
Rather, it reflects a conscious effort to preserve a value system and social structure that have proven effective in maintaining community cohesion.
The matrilineal kinship system upheld by the SAD offers an institutional framework fundamentally distinct from the patrilineal orientation of fiqh, especially in matters of inheritance and the distribution of family wealth.
39 As such, customary norms regulating mahr, inheritance, and joint property are not merely traditional practices.
they constitute a form of living lawAia dynamic legal system continually enacted and sustained because it is seen as more just, contextually appropriate, and socially resonant.
40 Accordingly, any analysis of family legal practices among the SAD requires an understanding of local power relations, social structure, and legal legitimacy, which do not necessarily align with the normative logic of formal fiqh.
Resistance in the Practice of Mahr Determination Within fiqh, mahr .
lso known as adaq, nihlah, or farsa.
is regarded as an essential component of the marriage contract .
kad nika.
41 It refers to the obligatory transfer of property from the husband to the wife as a condition for the legitimacy of the marriage.
42 Wahbah al-Zuuail defines mahr as the wealth a husband must provide at the time of the contract, serving as compensation for establishing the marital bond.
In the anaf school of law .
, mahr is understood as a legal consequence of the marriage itself.
43 In practice, mahr can take the form of either monetary or non-monetary assets and does not necessarily have to be paid in full at the time of the wedding.
44 Classical figh literature distinguishes between two types of mahr: mahr musammA, explicitly specified during the contract, and mahr mithl, which is determined by prevailing local custom or what is deemed appropriate within the social Mahr is not merely symbolic within Islamic law.
it embodies principles of justice and a recognition of womenAos rights within the framework of marriage.
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There is a broad consensus among Islamic jurists that mahr is the wifeAos exclusive right and should be determined through mutual consultation between the two parties, even though, in practice, it is typically left to the groom to decide, often based on his financial 46 There is no specific injunction in fiqh texts stipulating whether the bride or groom must determine the mahr.
47 Islam emphasizes moderation: mahr should neither be so high as to burden the groom,48 nor so low as to diminish its significance.
While Islamic scholars (AoulamAA.
agree that there is no maximum limit to mahr, they diverge on the issue of its minimum value.
ImAm al-ShAfiAo.
Aumad ibn anbal.
IsuAq.
Ab Thawr, and several AoulamAAo from Medina hold that no minimum is requiredAianything of value may be offered.
ImAm MAlik sets the minimum at one-quarter dinar, while ImAm Ab anfah stipulates ten dirhams.
Despite these differences, most jurists concur that mahr must consist of something valuable, lawful, pure, and not acquired through illegitimate means .
Nevertheless, in societies with matrilineal kinship systems, the social realities surrounding mahr often diverge from formal fiqh prescriptions.
50 In such contexts, customary norms not only interact with but frequently dominate the formation of family law practices, producing forms of resistance to Islamic legal structures deemed incompatible with local social configurations.
One of the most illustrative examples of this normative tension is found in the mahr practices of the SAD community in Jambi.
Although most SAD members are formally Muslim and observe ritual practices in line with fiqh norms, family matters such as the determination of mahr remain firmly under the jurisdiction of customary law.
51 Within the matrilineal kinship structure of the SAD, women occupy a central role in domestic decision-making.
52 It is particularly evident in the determination of mahr, where the authority to decide the form and amount of the dower often rests not solely with the bride herself but with her extended maternal family.
As one customary leader in the SAD community remarked.
AuMahr is given to the bride according to her request.
Ay53 In practice, however, the determination of mahr is not treated as a private matter between the bride and groom, but rather as a collective decision involving the brideAos broader maternal kin group.
The mahr is not only allocated to the bride but is also distributed among her mother, her maternal aunts, and her sisters.
As another customary leader explained.
AuThe mahr is determined by the brideAos Arshi Showkat.
AuThe Principle and Practice of Mahr in Muslim Marriages,Ay Feminist Theology 31, no.
(January 2.
: 197Ae209.
Mohammad Walid Ishaq Zai and Sayed Ajmal Sadat.
AuIdentification of Dowry (Mah.
in Islam,Ay Sprin Journal of Arabic-English Studies 2, no.
02 (August 11, 2.
: 38Ae46.
See: I Pandang et al.
AuDelayed Mahar: The Perspective of Islamic and Customary Law,Ay IOP Conference Series:
Earth and Environmental Science 175 (July 24, 2.
: 012140.
Hilmi Yusron RofiAoi.
AuHusein MuhammadAos Thoughts on HusbandAos Iddah and His Contribution to the Development of Family Law in Indonesia,Ay SMART: Journal of Sharia.
Traditon, and Modernity 3, no.
2 (December 29, 2.
: 29.
Fardan Mahmudatul Imamah.
Puja Alviana Dewantri, and Yuqiong Lin.
AuThe Role of Islam in Affecting the Transformation of Traditional Agriculture Knowledge: A Systematic Review of Dewi Sri Literature,Ay IAS Journal of Localities 2, 2 (August 27, 2.
: 143Ae57.
Al-Jazr.
Al-Fiqh AoalA al-MadhAhib al-ArbaAoah, 4:79.
Kooria.
AuWhen Men Get No Share,Ay 163Ae75.
Field Notes on Observations of the Daily Life of the Anak Dalam Tribe.
December 2019.
HalimatussaAodiyah HalimatussaAodiyah et al.
AuMinangkabaunese Matrilineal: The Correlation between the QurAoan and Gender,Ay HTS Teologiese Studies / Theological Studies 80, no.
1 (January 22, 2.
: a8643.
Hari.
AuInterview with the Leader of Suku Anak Dalam.
September 19, 2019.
Ay Journal of Islamic Law.
Vol.
No.
2, 2025.
[ 184 ]
Yanti et al.
family and handed over to her mother, who then divides it equally among her sisters and the brideAos sisters.
Ay54 This arrangement reveals that marriage within the SAD community is understood as a communal affair.
It clearly contrasts with fiqh norms, which frame mahr as a bilateral, individually negotiated agreement between husband and wife as parties to the contract.
This collective approach to mahr underscores a broader understanding of marriage within the SAD community as a social institution involving the extended family, rather than a private contractual relationship between two individuals.
Here, mahr serves not only as a symbol of respect for the bride but also as a representation of social responsibility and an acknowledgment of customary authority structures.
A parallel can be observed in the Ngada community of East Nusa Tenggara, another matrilineal society, where belisAia form of bride wealthAiis a tribute to the brideAos family and is determined through consensus among customary elders.
56 Such similarities point to a recurring pattern in matrilineal societies:
resistance to Islamic legal doctrines and state regulations concerning property is not rooted in ideological opposition to Islam, but rather emerges as an expression of enduring social values that position women as the locus of kinship legitimacy and rights distribution.
57 These distinctions reaffirm that religious or customary law is a socially constructed institution that lives and evolves within its particular context.
58 In the case of the SAD, the continued adherence to customary mahr practices reflects a preference for a legal system perceived as more functional, equitable, and aligned with the communityAos lived social realities.
Resistance in the Management and Distribution of Joint Property In Islamic legal doctrine, the concept of joint marital property is not explicitly outlined in the core normative sources such as the QurAoan and uadth.
Nevertheless, classical jurists have developed analogical frameworks through the concept of shirkah .
to address the economic relationship between spouses, particularly in the accumulation of assets during 59 Within fiqh, the anaf.
MAlik.
ShAfiAo, and anbal madhhabs each propose various forms of shirkah as interpretive models for marital economic cooperation.
Two forms most relevant to the spousal context are shirkah amlAk .
hared ownership without joint enterpris.
and shirkah Aouqd .
ontractual partnerships in trade or investmen.
ImAm MAlik and ImAm al-ShAfiAo further elaborate this typology to include variations such as shirkah AoinAn, mufAwasah, wujh, and abdAn.
Of these, shirkah abdAnAiwhich captures the idea of collaborative labor and mutual effortAiis often considered the most fitting for describing the collective economic contribution of spouses to household formation.
60 This model has been taken up Suminah.
AuInterview with the Teacher Koran of Suku Anak Dalam.
September 20, 2019.
Ay Al-Zuuail.
Al-Fiqh al-Islam Wa Adillatuh, 9: 6912.
Agus Kowe et al.
AuMakna Belis dalam Perkawinan Matrlineal Masyarakat Ngada (Ditinjau Berdasarkan Kitab Hukum Kanonik No.
,Ay Jurnal Adat dan Budaya 6, no.
, 94Ae5.
Jyoti Singh and Kajori Bhatnagar.
AuEvaluating the Categorical Exclusion of Khasi Women from Inheritance and Property Rights: A Case of East Khasi Hills,Ay International Journal on Minority and Group Rights 31, no.
(January 30, 2.
: 715Ae36.
Fauzi Fauzi.
AuAoUrf and Its Role in the Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
1 (June 30, 2.
: 346Ae71.
Imam Taqiyuddin Ab Bakr bin Muuammad al-usayn.
KifAyah al-AkhyAr f all GhAyat al-IkhtiAr, vol.
(Bayrt: DAr al-Khayr, 1.
, 269Ae70.
Wahbah al-Zuuail.
Al-Fiqh al-Islam wa Adillatuh, vol.
5 (Bayrt: DAr al-Fikr, 1.
, 3380Ae7.
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Vol.
No.
2, 2025.
[ 185 ]
Yanti et al.
by Indonesian AoulamAAo as a normative basis for recognizing the existence of joint marital property, even as the terminology itself is rooted in customary legal traditions.
While the notion of joint property resonates more naturally with customary systems across IndonesiaAos local communities, the reinterpretation of shirkah has enabled the contextual integration of fiqh-based values into household economic arrangements.
62 The anaf madhhab, for instance, allows for various forms of shirkah provided that there is explicit agreement between parties.
The MAlik and anbal madhhabs likewise accommodate spousal economic cooperation, whereas the ShAfiAo madhhab emphasizes proportional capital contributions in forming valid partnerships.
63 Terms such as al-mAl al-zawjayni .
roperty of husband and wif.
and matAAo al-bayt .
ousehold furnishing.
appear in fiqh literature as categories that can be paralleled with the contemporary Indonesian understanding of joint marital property.
64 Thus, recognition of such property does not inherently conflict with Islamic law principles, so long as justice, mutual consent, and transparency between spouses are maintained.
However, when fiqh-based norms intersect with social structures shaped by matrilineal values, forms of resistance often emerge, revealing the layered complexities of the relationship between religious and customary legal systems.
66 One such manifestation is found in the SAD community of Jambi, where joint property acquired during marriage is regarded entirely as the wifeAos possession, irrespective of the husbandAos financial 67 Women exercise full ownership and control over assets from the outset, and in the event of divorce, the husband is expected to leave the household without claiming any share of the property.
It is affirmed by a customary leader who stated.
AuIf a couple divorces, the husband leaves the house and receives nothing from the joint property.
Ay68 This practice diverges significantly from fiqh norms, which emphasize justice and deliberation in asset division after divorce, acknowledging the contributions of both spouses.
69 In other words.
SAD customary See: Ismail Ismail et al.
AuThe Contribution of AoUrf to the Reform of Islamic Inheritance Law in Indonesia,Ay Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 22, no.
2 (December 28, 2.
: 165Ae78.
Jefry Tarantang et al.
AuRereading the Concept of Joint Property: Fiqh Literacy in the Book of Sabilal Muhtadin and the Genealogy of Sheikh ArsyadAos Thoughts,Ay Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no.
(November 16, 2.
: 1840Ae58.
Fauzi.
AuAoUrf and Its Role in the Development of Fiqh,Ay 346Ae71.
Ahmad Akram Mahmad Robbi and Mek Wok Mahmud.
AuMaqAid al-AoAdl (Keadila.
dalam Isu Tuntutan Harta Sepencarian di Malaysia (The Objective of Fairness .
l-AoAd.
in the Matrimonial Property Conflict in Malaysi.
,Ay Journal of Islam in Asia 17, no.
3 (November 4, 2.
: 291Ae320.
Mohd Norhusairi Mat Hussin et al.
AuThe Legal Recognition of a WifeAos Rights of Harta Sepencharian in Malaysia,Ay Asian Women 39, no.
1 (March 31, 2.
: 23Ae44.
See: Abd Rouf.
Mufidah Ch, and Zaenul Mahmudi.
AuJoint Property Division in Indonesia: A Gender Equality Viewpoint,Ay De Jure: Jurnal Hukum dan SyarAoiah 15, no.
2 (December 29, 2.
: 230Ae50.
Eko Rial Nugroho.
Bagya Agung Prabowo, and Rohidin Rohidin.
AuGranting of Property During Marriage as an Inherited Property in Indonesia,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
1 (June 30, 2.
: 310Ae25.
Nurunnisa Nurunnisa et al.
AuImplications of Annulment of Marriage on the Distribution of Joint Assets According to the Compilation of Islamic Law and National Law,Ay Syariah: Jurnal Hukum dan Pemikiran 23, 1 (July 4, 2.
: 1Ae23.
Kooria.
AuWhen Men Get No Share,Ay 163Ae75.
Nurbaiti.
AuInterview with the Elder of Suku Anak Dalam.
September 19, 2019.
Ay Hari.
AuInterview with the Leader of Suku Anak Dalam.
September 19, 2019.
Ay See: Abd Rouf.
AuJurimetrics in the Reconstruction of the Joint Property Division Model for Wage-Earner Wives in Indonesia,Ay Al-Ahkam 34, no.
1 (March 20, 2.
: 1Ae32.
Syaikhu Syaikhu et al.
AuThe Maqashid Journal of Islamic Law.
Vol.
No.
2, 2025.
[ 186 ]
Yanti et al.
law privileges the wife as the normative beneficiary, reflecting a value system that frames household ownership through a matrilineal lens.
This resistance is inextricable from the social foundation of the SAD community, whose kinship structure is rooted in matrilineality.
Within this system, property is categorized into two main types: pusako tinggi, ancestral property inherited through the maternal line, and pusako rendah, assets accumulated during the course of marriage.
Even the latter remains under female control following divorce.
70 This arrangement grants women a central role in inheritance and asset management, reinforcing the view that maintaining the familyAos economic continuity is primarily a womanAos responsibility.
As one SAD community member said.
AuIf a divorce occurs, all joint property belongs to the wife, following the matrilineal system.
Ay71 Another SAD community facilitator added.
AuWhen a marriage ends, the husband leaves without taking anything acquired during the marriage, because it is the woman who is responsible for raising the children.
Ay72 The wifeAos exclusive claim over joint property thus reflects a collective value orientation that prioritizes household continuity and post-divorce stabilityAiparticularly for the childrenAos In this regard, customary law functions not merely as a social norm but as an institutional mechanism that safeguards vulnerable groupsAispecifically women and childrenAiby ensuring their economic security after the dissolution of marriage.
Similar property arrangements can be found in the semendo tradition, in which a husband who joins his wifeAos household relinquishes marital assets to her family upon 74 In Sambas, joint property is divided through negotiated processes guided by customary principles of harmony and communal justice.
75 These parallels point to a broader cultural pattern across IndonesiaAos local communitiesAiespecially in matrilineal systemsAiin which economic authority tends to be vested in women in the post-marital context.
76 Hence, the practices of the SAD are not anomalous, but rather part of a wider spectrum of legal pluralism that reflects how Indigenous communities manage domestic life in accordance with local values and practical needs.
77 This resistance is not a theological rejection of Islamic law.
Sharia Construction on Inheritance in Dayak Ngaju Customs within the Tumbang Anoi Agreement,Ay ElMashlahah 13, no.
2 (December 31, 2.
: 181Ae202.
HalimatussaAodiyah et al.
AuMinangkabaunese Matrilineal,Ay a8643.
Suci.
AuInterview with the Community Member of Suku Anak Dalam.
September 19, 2019.
Ay Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay Kukuh Pramono Budi et al.
AuAdjudicating Joint Property Dispute in Islamic Jurisprudence: Balancing the Best Interests of the Child with a Focus on Residency,Ay Syariah: Jurnal Hukum dan Pemikiran 23, no.
245Ae66.
Linda Firdawaty.
Habib Shulton Asnawi, and Siti Mahmudah.
AuSemanda Lekok in the Sai Batin Community.
Lampung: WifeAos Domination of Marital Assets from MaqAid al-SharAoah Perspective,Ay Samarah: Jurnal Hukum Keluarga dan Hukum Islam 8, no.
3 (September 14, 2.
: 1734Ae62.
Asman Asman.
Nilhakim Nilhakim, and Andrey V.
Kotyazhov.
AuLegal Relations of Contemporary Islamic Family: A Study of the Existence of Local Culture in Sambas.
West Kalimantan,Ay Jurnal Ilmiah Al-SyirAoah 22, 2 (December 30, 2.
: 246.
Hamda Sulfinadia and Jurna Petri Roszi.
AuModeration of Madhhabs in West Sumatra Towards Hadhanah of Minors Whose Mothers Remarry,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
2 (December 31, 2.
: 789Ae Abubakar et al.
AuThe Postponement of the Implementation of Inheritance Distribution in the Seunuddon Community.
North Aceh in the Lens of AoUrf Theory and Legal Pluralism,Ay 411Ae29.
Journal of Islamic Law.
Vol.
No.
2, 2025.
[ 187 ]
Yanti et al.
but rather an affirmation of a localized legal system whose relevance, stability, and functionality have been tested and validated within the community over time.
Resistance in Inheritance Distribution In Islamic legal construction, inheritance is understood as a mechanism for transferring ownership of a deceased personAos assets to their rightful heirs.
79 These assets may include land, money, property, or other legally recognized forms of wealth.
80 The foundational principle of Islamic inheritance law (Aoilm al-farAAoi.
is based on proportional justice, in which male heirs typically receive a larger share than their female counterparts.
81 This differentiation is not intended to discriminate against women, but rather to reflect the division of social responsibilitiesAiespecially financial obligationsAiwhich are structurally placed on men.
male heir is expected to provide for his wife, children, and other dependent family members.
Thus, the larger share granted to male heirs is not merely a privilege, but correlates with the economic burden inherent in their role within the Islamic family structure.
Islamic inheritance law offers a detailed distribution formula, including provisions related explicitly to daughters.
83 Several primary stipulations apply.
84 First, if the deceased leaves only one daughter and no sons, she is entitled to half of the estate.
Second, if there are two or more daughters and no sons, they collectively receive two-thirds of the estate.
Third, if daughters inherit alongside sons, the principle of Aoaabah bi al-ghayr applies, wherein a male receives twice the share of a female, as outlined in Surah al-NisAAo .
: Auli al-dhakari mithlu uaee al-unthayaynAy .
o the male, a portion equal to that of two female.
85 This principle is reinforced in various classical exegetical works, including those of Ibn Kathr, who emphasized that this rule was intended to correct pre-Islamic practices .
Ahiliyya.
that excluded women entirely from inheritance rights.
86 As such, the rules of Islamic inheritance law are not only normative but also historically progressive within the socio-legal context of Jabbar Sabil.
Faisal Faisal, and Muhammad Zukhdi.
AuFiqh Reform in the Sultanate of Aceh Darussalam: Is It Modernism or Moderatism? A Study of the Hareuta Sihareukat Custom,Ay Jurnal Ilmiah Peuradeun 13, no.
1 (January 30, 2.
: 569Ae98.
Wahbah Al-Zuuail.
Al-Fiqh al-Islam wa Adillatuh, vol.
10 (Bayrt: DAr al-Fikr, 1.
, 7697.
See: Abdulmajeed Hassan Bello.
AuIslamic Law of Inheritance among the Yoruba of Southwest Nigeria: A Case Study of Dar Ul-Qadha (Arbitration Pane.
,Ay Journal of Islamic Law 5, no.
1 (February 29, 2.
: 44Ae61.
Henky Fernando et al.
AuCrime of the Personal Closeness: Characteristics Perpetrators of Child Sexual Abuse,Ay Nurani: Jurnal Kajian SyariAoah dan Masyarakat 23, no.
1 (June 8, 2.
: 11Ae24.
Sayyid SAbiq.
Fiqh al-Sunnah, vol.
1 (Al-QAhirah: DAr al-adth, 2.
, 1099.
See: Muuammad AoAl al-ShAbn.
Al-MawArth f al-SharAoah al-IslAmiyyah f UawAo al-KitAb wa al-Sunnah (Makkah al-Mukarramah: JAmiAoat Umm al-QurA, 2.
, 12Ae23.
Yusida Fitriyati et al.
AuReconsidering Inheritance Equality: Gender Justice in Religious Court Decisions through the Lens of Maqashid al-Shariah,Ay Nurani:
Jurnal Kajian SyariAoah dan Masyarakat 25, no.
1 (May 1, 2.
: 122Ae40.
Al-Zuuail.
Al-Fiqh al-Islam wa Adillatuh, 10:7774Ae5.
Muhammad Lutfi Hakim and Khoiruddin Nasution.
AuAccommodating Non-Muslim Rights: Legal Arguments and Legal Principles in the Islamic Jurisprudence of the Indonesian Supreme Court in the PostNew Order Era,Ay Oxford Journal of Law and Religion 11, no.
2Ae3 (July 25, 2.
: 288Ae313.
Muhammad Lutfi Hakim.
AuIsmail Mundu on Islamic Law of Inheritance: A Content Analysis of MajmAo alMrAth f ukm al-FarAAois,Ay Al-JamiAoah: Journal of Islamic Studies 61, no.
1 (June 30, 2.
: 70Ae71.
Al-Afie AoImAd al-Dn Ab al-FidAAo IsmAAol bin AoUmar bin Kathr.
Tafsr Ibn Kathr: Tafsr al-QurAoAn al-AoAem, 2 (Bayrt: DAr Ibn Hazm, 2.
, 447.
Journal of Islamic Law.
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No.
2, 2025.
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their revelation.
They embody a justice framework grounded in functional and familial responsibility rather than formal equality alone.
In the SAD community, inheritance is governed by local kinship values and social structures that diverge fundamentally from Islamic inheritance law.
As a matrilineal society, the SAD places women at the center of inheritance practices.
88 Women are not only allocated larger portions of the estate but are also recognized as the primary custodians and managers of family assets.
In practice, wives and daughters receive a dominant share of inheritance, surpassing that of sons or other male relatives.
As one SAD community facilitator explained.
AuThe inheritance system practiced among the SAD does not follow Islamic law.
Most of them allocate a larger share to women .
ives and daughter.
than to men.
Ay89 This practice reflects the continuation of customary values that position women as the custodians of matrilineal continuity and as those responsible for maintaining economic stability following the death of the family head.
A key foundation of this resistance lies in the operationalAinot merely symbolicAirole of women within SAD social structures.
91 Under customary law, women are not only recipients of inheritance but also exercise exclusive control over land, houses, and ancestral 92 While men may contribute economically and participate in labor, they are perceived as lacking the structural ties to the household necessary to justify prioritization in inheritance distribution.
Another community facilitator affirmed.
AuProperty is handed entirely to women because, in the SAD community, women carry greater family responsibility than men.
Ay93 From the SAD perspective, female control over property is seen as ensuring familial continuity and embodying a distribution model that is considered more just and contextually appropriate than the gender-based arithmetic of Islamic inheritance law.
Further distinguishing SAD inheritance practices is the classification between pusako tinggi and pusako rendah.
Pusako tinggi refers to ancestral property handed down through generations, which may neither be sold nor transferred outside the maternal line.
Pusako rendah includes property acquired during a personAos lifetime but remains subject to matrilineal See: Muuammad al-Sayyid anAw.
Al-Was, vol.
1 (Al-QAhirah: MajmaAo al-Buuth al-IslAmiyyah, 1.
, 875Ae79.
Sule Toktas and Mary Lou OAoNeil.
AuCompeting Frameworks of Islamic Law and Secular Civil Law in Turkey: A Case Study on WomenAos Property and Inheritance Practices,Ay WomenAos Studies International Forum 48 (January 2.
: 29Ae38.
Zunly Nadia and Niswatin Faoziah.
AuGender Equality within Family in Islamic Perspective: Insights from the Hadiths of Ummul Mukminin,Ay Jurnal Studi Ilmu-Ilmu Al-QurAoan dan Hadis 25, 1 (June 14, 2.
: 161Ae86.
Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay Suci.
AuInterview with the Community Member of Suku Anak Dalam.
September 19, 2019.
Ay See: Maimanah Maimanah et al.
AuDelay in the Division of Inheritance: A Theoretical Review within Legal System Framework in Indonesia,Ay Syariah: Jurnal Hukum dan Pemikiran 24, no.
1 (June 1, 2.
: 241Ae57.
Fahmi Fatwa Rosyadi Satria Hamdani et al.
AuTraditional Law vs.
Islamic Law.
An Analysis of Muslim Community Awareness in Inheritance Issues,Ay Al-Ahkam 32, no.
1 (April 28, 2.
: 109Ae30.
HalimatussaAodiyah et al.
AuMinangkabaunese Matrilineal,Ay a8643.
Nurbaiti.
AuInterview with the Elder of Suku Anak Dalam.
September 19, 2019.
Ay Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay See: Agus Suharsono.
Nanik Prasetyoningsih, and Sunyoto Usman.
AuWomenAos Inheritance Rights in Indonesia from the Perspective of the Triangular Concept of Legal Pluralism,Ay El-Mashlahah 14, no.
(November 8, 2.
: 259Ae80.
Muhammad Amrullah Drs Nasrul et al.
AuUnraveling Legal Complexities:
Muslim and Non-Muslim Estate Administration Process in Malaysia and Brunei,Ay De Jure: Jurnal Hukum dan SyarAoiah 16, no.
2 (December 30, 2.
: 531Ae54.
Hani Sholihah.
Nani Nani Widiawati, and Mohd Khairul Nazif bin Hj Awang Damit.
AuReinterpretation of Justice in Islamic Inheritance Rights Based on Gender,Ay Al-AoAdalah 21, no.
1 (June 25, 2.
: 101Ae24.
Journal of Islamic Law.
Vol.
No.
2, 2025.
[ 189 ]
Yanti et al.
inheritance principles.
95 These assetsAiespecially pusako tinggiAican only be managed by the eldest woman in the family and cannot be passed down to male heirs.
96 As a result, men have no inheritance claims under this system, further solidifying resistance to Islamic inheritance This practice is encapsulated in a well-known saying among the SAD: AuIn matters of inheritance, follow the decision of the sanak betino .
he womenfol.
Ay97 The tradition underscores the importance of preserving assets within the maternal family line as a symbol of cultural and economic stability across generations.
98 From the SAD perspective, fiqh-based provisions that permit the individualization and mobilization of inherited assets run counter to this preservation ethic.
In their view, inheritance is not a matter of individual ownership but a communal family entity that must be protected and collectively managed.
Factors Driving Resistance to Islamic Family Law Practices Resistance to Islamic law within the SAD community is neither spontaneous nor reducible to a simplistic ideological rejection.
Instead, it constitutes a complex social response rooted in a deeply embedded value system and kinship structure that has long shaped community 99 This study identifies at least five key factors underlying why certain aspects of Islamic family lawAiparticularly those relating to mahr, joint property, and inheritanceAiface obstacles in implementation.
While ritual practices such as prayer, fasting, and zakat are more readily accepted and internalized,100 legal provisions that intersect with social structures and power relations are often met with latent resistance.
It is therefore imperative to understand this resistance not as a negation of Islam per se, but as an affirmative expression of loyalty to a local legal system that is perceived as more relevant, functional, and socially coherent in the context of SAD communal life.
The first and most prominent factor is the strong commitment to preserving ancestral traditions passed down through generations.
101 Among SAD members, customary law is not merely a social norm but a spiritual system, embodying reverence for ancestral spirits believed to directly affect communal harmony.
Violating adat is thought to invite misfortune.
102 In the context of determining the mahr, for instance, there exists a collective convention that its amount must be equivalent or comparable to what the brideAos maternal aunts previously A member of the SAD community explains: AuThe mahr is given according to the request of the brideAos side.
It is the brideAos family who decides the amount, and it is not given solely to the young woman, but also to her mother, her motherAos sisters, and her own sistersAieveryone receives a share.
Ay103 This practice positions mahr not as an individual entitlement, as it is constructed in fiqh, but as a symbol of kinship and collective solidarity.
Thus, in customary law, mahr functions not only HalimatussaAodiyah et al.
AuMinangkabaunese Matrilineal,Ay a8643.
Kooria.
AuWhen Men Get No Share,Ay 163Ae75.
97 Hari.
AuInterview with the Leader of Suku Anak Dalam.
September 19, 2019.
Ay 98 Ahmad Wira et al.
AuLegal Study of Dzurri Waqf and Its Implementation towards Strengthening High Heritage Assets in Minangkabau.
West Sumatra.
Indonesia,Ay JURIS (Jurnal Ilmiah Syaria.
22, no.
(December 18, 2.
: 329.
99 Idrus et al.
AuFlexibility of WomenAos Inheritance Distribution in Jambi Malay Society,Ay 42Ae61.
100 Field Notes on Observations of the Daily Life of the Anak Dalam Tribe.
December 2019.
101 Hari.
AuInterview with the Leader of Suku Anak Dalam.
September 19, 2019.
Ay 102 Nurbaiti.
AuInterview with the Elder of Suku Anak Dalam.
September 19, 2019.
Ay 103 Suci.
AuInterview with the Community Member of Suku Anak Dalam.
September 19, 2019.
Ay Journal of Islamic Law.
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No.
2, 2025.
[ 190 ]
Yanti et al.
as an economic instrument but also as a mechanism for preserving social identity and maintaining the female-centered kinship network within the community.
The second factor concerns the matrilineal kinship system, which situates women at the center of social and economic authority.
105 Within this framework, key decisions in marriageAiincluding the approval of a prospective husband, the setting of the mahr, and the division of property upon divorceAiare made by the maternal lineage.
106 In many cases, men who divorce their wives are expected to leave the home and relinquish all jointly acquired property, which, according to custom, belongs exclusively to the womanAos side.
As a SAD community facilitator observed.
AuIf a man divorces, he must leave with nothing.
Everything accumulated during the marriage is considered the womanAos.
Ay107 This structure establishes a configuration of authority that safeguards women and reinforces their dominance in domestic and economic In this context.
Islamic family lawAiwhich prescribes more balanced rights and responsibilities for spouses based on distributive justiceAiis perceived as misaligned with a social reality that casts women as the principal actors in household decision-making and property management.
The third factor is a strong cultural commitment to the continuity of adat as a sacred inheritance that must not be altered.
109 In the SAD community, tradition is not regarded as a flexible option, but as a moral and spiritual obligation.
Violations of adat are seen not merely as social deviations, but as denials of sacred values.
110 As expressed in a local proverb.
AuDimano biawak terjun, disitu anjing tertulungAyAiloosely translated.
AuWhere the monitor lizard leaps, the dog gets caught.
Ay111 The saying warns that every action must follow customary rules to avoid disturbing social equilibrium.
Islamic legal provisions on inheritance and mahr are often perceived as threats to this value system, with the potential to disrupt community harmony.
In this light, adherence to adat becomes a cultural strategy for safeguarding social cohesion and spiritual balance amid the pressures of external change.
Tahir Maloko et al.
AuSompa Tanah in Makassar Bugis Customary Marriages: Legal.
Religious, and Cultural Perspectives,Ay Jurnal Ilmiah Peuradeun 12, no.
3 (September 30, 2.
: 1213Ae36.
105 Tamigan.
AuInterview with the Religious Leader of Suku Anak Dalam.
September 20, 2019.
Ay 106 Kooria.
AuWhen Men Get No Share,Ay 163Ae75.
107 Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay 108 See: M Rozali.
Ulya Hikmah, and Yuliatin Yuliatin.
AuMarried AoUrfi in the View of Contemporary Scholars Sheikh Muhammad Ali JumAoah,Ay SMART: Journal of Sharia.
Traditon, and Modernity 3, no.
1 (July 30, 2.
Doni Azhari and Syihabuddin Qalyubi.
AuThe Rights of Sasak Noble Muslim Women in Choosing A Mate: An Analysis of the Marriage of Noble Women with Jajar Karang Men From the Perspective of Islamic Law,Ay Al-AoAdalah 20, no.
2 (December 20, 2.
: 381Ae404.
Aksin Wijaya.
Ibnu Muchlis, and Dawam Multazam Rohmatulloh.
AuRethinking Gender Justice in the Quran: A Critical Exploration of Muslim Feminist Perspectives,Ay Jurnal Studi Ilmu-Ilmu Al-QurAoan dan Hadis 26, no.
1 (March 2, 2.
: 77Ae98.
Syabbul Bachri.
AuThe Differences of MenAos and WomenAos Shares in Islamic Inheritance Law Defense to Criticism and Blasphemy,Ay Nurani: Jurnal Kajian SyariAoah dan Masyarakat 22, no.
1 (July 4, 2.
: 17Ae30.
109 Suminah.
AuInterview with the Teacher Koran of Suku Anak Dalam.
September 20, 2019.
Ay 110 Mustika and Dastina.
AuReligious.
Economic, and Political Shifting in Inheritance System of Suku Anak Dalam,Ay 48Ae78.
111 Nurbaiti.
AuInterview with the Elder of Suku Anak Dalam.
September 19, 2019.
Ay 112 Rahmi Hidayati et al.
AuDynamics of Child Marriage in Suku Anak Dalam Community,Ay Justicia Islamica 20, 2 (October 30, 2.
: 261Ae80.
113 Muhammad Syarif and Khamim.
AuAntar Pakatan and the Reproduction of Social Solidarity: A Cultural Strategy for Addressing the Economic Burden of Customary Marriage in the Sambas Malay Community,Ay Indonesian Journal of Sharia and Socio-Legal Studies 1, no.
1 (May 31, 2.
: 94Ae110.
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The fourth factor is the status of customary law as a product of collective consensus, enjoying high legitimacy within the community.
114 Unlike normative laws that originate from external authorities.
SAD customary law emerges from deliberative processes involving customary elders and extended families.
Customary decisions are not optional.
they are binding, and violations are viewed as offenses against the dignity of the community and the 115 As one SAD community facilitator explained.
AuOnce a decision has been made by the ninik mamak .
ustomary elder.
, it cannot be challenged.
Rejecting adat law is like disobeying oneAos parents and ancestorsAiit invites misfortune.
Ay116 Thus, acceptance of new norms, including Islamic legal norms, requires more than theological legitimacy.
it must undergo a prolonged and intricate process of social negotiation.
117 This structure explains why adat continues to serve as the primary regulatory system, and why Islamic law has yet to be fully embraced as a binding source of authority in socially sensitive domains such as marriage and inheritance.
The fifth factor is the limited internalization of Islamic teachings, which remain relatively recent in the history of the SAD community.
119 Most SAD members have only encountered Islam in formal terms within the last two decades, largely through governmentfacilitated resettlement programs and institutionalized religious outreach.
120 While ritual practices such as prayer and fasting are gradually being observed, understanding of Islamic legal principlesAiparticularly in the realm of family lawAiremains limited.
A lack of access to religious education, the absence of locally rooted AoulamAAo, and the nonexistence of active religious institutions at the community level have prevented Islamic law from taking root in the communityAos normative consciousness.
121 As a result, there is a selective pattern of adoption: personal rituals are more easily assimilated, whereas legal provisions that challenge customary structures tend to be resisted.
In this context, resistance to Islamic law reflects the dynamics of interaction between written legal systems and the living law that governs everyday life in Indigenous communities.
Hari.
AuInterview with the Leader of Suku Anak Dalam.
September 19, 2019.
Ay Rahmi Hidayati.
AuPergeseran Sistem Perkawinan dan Perceraian pada Suku Anak Dalam,Ay Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 16, no.
01 (December 1, 2.
: 151Ae68.
116 Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay 117 See: Hotnidah Nasution and Ahmad Rifqi Muchtar.
AuNegotiating Islamic Law: The Practice of Inheritance Distribution in Polygamous Marriages in Indonesian Islamic Courts,Ay Al-Manahij: Jurnal Kajian Hukum Islam 18, no.
1 (June 12, 2.
: 125Ae44.
Muhammad Adib Alfarisi et al.
AuNegotiating Customary Law and Fiqh Norms: The Transformation of the Mepahukh Tradition in the Indigenous Marriage Practices of the Alas People in Southeast Aceh,Ay Indonesian Journal of Sharia and Socio-Legal Studies 1, no.
1 (May 28, 2.
: 72Ae93.
118 Putra Halomoan Hsb.
Fatahuddin Aziz Siregar, and Suud Sarim Karimullah.
AuInheritance in the Mandailing Community: Value Changes from a Legal Culture Perspective,Ay Nurani: Jurnal Kajian SyariAoah dan Masyarakat 25, no.
1 (April 10, 2.
: 83Ae108.
119 Indah.
AuInterview with the Companion of Suku Anak Dalam.
September 19, 2019.
Ay 120 Field Notes on Observations of the Daily Life of the Anak Dalam Tribe.
December 2019.
121 See: Tarmizi Tarmizi et al.
AuInheritance Distribution and Conflict Resolution in Bone Regency: Upholding WomenAos Rights and Islamic Law Objectives,Ay De Jure: Jurnal Hukum dan SyarAoiah 16, no.
2 (December 17, 2.
: 255Ae77.
Ismail et al.
AuCustomary and Islamic Practices in Inheritance Distribution,Ay 1Ae16.
Arbanur Rasyid.
Rayendriani Fahmei Lubis, and Idris Saleh.
AuContestation of Customary Law and Islamic Law in Inheritance Distribution: A Sociology of Islamic Law Perspective,Ay Al-Ahkam 34, no.
2 (October 31, 2.
419Ae48.
122 Djawas et al.
AuThe Integration Between SyaraAo and AdeAo in Marriage Tradition Bugis Bone.
South Sulawesi,Ay 342Ae63.
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2, 2025.
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Customary Law as a Site of Negotiation in the Development of Islamic Law This study demonstrates that resistance to the implementation of Islamic law within the SAD community is not a simple rejection of religious doctrine but rather the outcome of a deeper social negotiation between externally introduced religious norms and long-standing local value systems.
Although the SAD community has formally embraced Islam, in practice, they continue to rely on matrilineal customary law as the primary framework for regulating key aspects of family life, including the determination of mahr, the management of joint marital property, and the distribution of inheritance.
123 Within this structure, mahr is transferred to the brideAos maternal family.
post-divorce property becomes the exclusive right of the wife.
and inheritance flows through the maternal line.
Such forms of resistance reflect the communityAos intention to preserve a living lawAia socially and culturally validated legal system that undergirds their internal power relations and communal cohesion.
This resistance is shaped by at least five structural and normative factors.
First, the continuity of ancestral tradition is seen as a sacred inheritanceAiboth spiritual and socialAi that must be protected.
Violating adat is believed to cause imbalance and misfortune.
Second, the dominance of a matrilineal kinship system positions women at the center of authority, with direct implications for property rights and household decision-making.
Third, the preservation of adat is regarded as a moral obligationAione that not only maintains communal identity but also guarantees social stability.
Fourth, customary law derives its legitimacy from collective deliberation, making it difficult to replace with externally imposed textual norms.
Fifth.
Islam is still relatively new to the SAD and remains primarily internalized through ritual observance.
its legal dimensions, particularly in family matters, have yet to be fully integrated.
These five factors form a complex field of negotiation in which Islamic norms must interact contextually with deeply rooted local structures.
In this context, resistance is not rejection but rather the communityAos effort to uphold a wellestablished legal order.
Comparable dynamics can be observed in Skala Brak.
Lampung, where inheritance law is shaped by a combination of Hindu and Islamic influences, suggesting that the interaction between Islamic and customary law should be understood as dialogical rather than 125 In classical Islamic legal discourse, the status of adat as a secondary source of law has long been recognized, particularly in the form of Aourf .
that does not contradict the foundational principles of Islamic law.
126 AoUlamAAo across the madhhabAi including Ibn QudAmah of the anbal madhhab and numerous MAlik juristsAiaffirmed that prevailing customs could serve as legal grounds so long as they do not violate canonical texts.
The Islamic legal maxim Aual-AoAdah muuakkamahAy .
ustom is authoritativ.
is a key principle in ul al-fiqh (Islamic legal theor.
that opens space for local social dynamics to inform the legal 127 Even in contemporary legal theory, adat is recognized as a vital mechanism for sustaining the relevance and applicability of Islamic law in multicultural societies.
HalimatussaAodiyah et al.
AuMinangkabaunese Matrilineal,Ay a8643.
Djawas et al.
AuThe Integration Between SyaraAo and AdeAo in Marriage Tradition Bugis Bone.
South Sulawesi,Ay 342Ae63.
125 Ratno Lukito.
Pergumulan antara Hukum Islam dan Adat di Indonesia.
INIS 35 (Jakarta: INIS, 1.
, 94.
126 Ibn QudAmah.
Al-Mughn, 6th ed.
(Al-QAhirah: DAr al-ManAr, 1.
, 485.
127 Ibn Nujaym.
Al-AshbAh wa al-NaeAAoir (Bayrt: Dar Kutub al-AoIlmiyyah, 1.
, 79Ae88.
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In the SAD context, evolving customary legal practices can be interpreted as a part of living fiqhAia body of norms that undergoes adaptation and negotiation through ongoing reinterpretation of scripture, context, and social need.
128 From the standpoint of public reasoning, resistance to Islamic law in the SAD community may be understood as the outcome of collective deliberation involving local actorsAiincluding customary leaders and ordinary community membersAiwho work to formulate legal norms most compatible with their social structure.
Practices such as collective mahr determination, matrilineal property distribution, and restrictions on male inheritance claims reflect this deliberative logic, aimed at preserving social balance and economic stability.
129 It mirrors findings from Gayo (Ace.
and Minangkabau (West Sumatr.
communities, where customary structures have been adapted to Islamic teachings through normative compromises grounded in musyawarah .
and consensus.
130 In such contexts, resistance is not an antagonistic stance but a rationalization of values that brings Islamic and customary law into dialogue within a democratic and participatory public sphere.
The findings of this study affirm that law within society is neither static nor rather, it emerges through the dynamic interaction between normative texts and social contexts.
132 Legal transformation is often driven by local demands rooted in the lived realities of daily life.
Accordingly, the legitimacy of Islamic law can be strengthened by expanding the role of community participation in forming normative frameworks.
133 In the case of the SAD community, resistance to fiqhAiparticularly in matters of mahr, inheritance, and joint propertyAishould not be construed as a denial of Islam, but as an effort to reconcile religious doctrine with social realities.
As Khaled Abou El Fadl argues, while many Islamic legal rulings have been revealed, not all of them can be uniformly applied across all Muslim 134 The classical principle of Autaghayyur al-aukAm bi taghayyur al-azmAn wa al-amkinahAyAi that legal rulings change in accordance with shifts in time and place135Aibecomes particularly relevant in this context, offering a lens through which such resistance can be viewed not as deviation, but as part of the ongoing enrichment of Islamic legal thought.
See: Djawas et al.
AuThe Integration Between SyaraAo and AdeAo in Marriage Tradition Bugis Bone.
South Sulawesi,Ay 342Ae63.
Alfarisi et al.
AuNegotiating Customary Law and Fiqh Norms,Ay 72Ae93.
129 Maloko et al.
AuSompa Tanah in Makassar Bugis Customary Marriages,Ay 1213Ae36.
130 See: Nuzul Iskandar.
AuKompromi Hukum Islam dan Adat dalam Kewarisan Pusaka Tinggi di Minangkabau,Ay JISRAH: Jurnal Integrasi Ilmu Syariah 3, no.
3 (December 31, 2.
: 483.
Sita Hidayah.
AuFrom Unity in Diversity to Culture Wars? Aceh WomenAos Mastery over Adat.
Islam, and the State Inheritance Laws,Ay WomenAos Studies International Forum 103 (March 2.
: 102881.
131 See: Hsb.
Siregar, and Karimullah.
AuInheritance in the Mandailing Community,Ay 83Ae108.
Asman.
Nilhakim, and Kotyazhov.
AuLegal Relations of Contemporary Islamic Family,Ay 246Ae61.
132 Muhammad Hasan.
Dahlia Haliah MaAou, and Muallimin Mochammad Sahid.
AuInheritance Property Distribution Models Among the Muslim Community of Borneo-Nusantara,Ay Al-AoAdalah 21, no.
1 (June 25, 2.
: 175Ae98.
133 Ismail Ismail and Nofiardi Nofiardi.
AuShifting Inheritance Patterns in the Minangkabau Tribe in Negeri Sembilan.
Malaysia,Ay El-Usrah: Jurnal Hukum Keluarga 7, no.
1 (June 30, 2.
: 294Ae309.
134 Khaled Abou El Fadl.
AuQuranic Ethics and Islamic Law,Ay Journal of Islamic Ethics 1, no.
1Ae2 (July 27, 2.
7Ae28.
135 See: Ibn al-Qayyim al-Jawziyyah.
IAolAm al-MuwaqqiAon Aoan Rabb al-AoAlamn, ed.
Ab AoUbayyah Mashhr ibn asan AoAl SalmAn (Mesir: DAr Ibn al-Jawziyyah, n.
), 49.
Ysuf al-QarasAw.
MjibAt Taghayyur al-FatwA f AoAshrinah (Al-QAhirah: Maktab al-AmAnah al-AoAmmah, n.
), 41.
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Thus, the customary legal practices found in communities such as the SAD should be recognized as living legal traditions, organically developed and contextually sustained.
keeping with the spirit of contextual Islamic ethics.
Islamic law has the capacity to evolve through constructive engagement with social reality, including through the recognition of customary law that does not fundamentally contradict core religious principles.
136 An inclusive and dialogical approach to legal pluralism not only enhances community receptivity to Sharah137 but also opens the door to more responsive, equitable, and enduring models of Islamic law within multicultural societies.
138 In this regard, public reasoning grounded in musyawarah among stakeholders becomes a crucial element in shaping an Islamic legal framework that is both locally relevant and normatively legitimate.
Conclusion This study finds that resistance to Islamic law within the family law practices of the Suku Anak Dalam (SAD) community manifests most clearly in three key areas: the giving of mahr .
, the division of joint marital property .
ono-gin.
, and the distribution of inheritance.
These domains reveal distinct departures from the mainstream provisions of fiqh (Islamic jurisprudenc.
Aiincluding the personal right of the wife to her mahr, the principle of distributive justice in marital assets, and the division of inheritance.
This resistance does not arise in a vacuum.
rather, it is rooted in a matrilineal kinship system that positions women at the center of authority, in the preservation of adat as a marker of collective identity, and in deliberative decision-making processes that lend strong legitimacy to local norms.
In the SAD community, customary law has evolved into a form of living lawAia socially embedded legal framework that is more widely accepted than Islamic law, which remains relatively new and insufficiently internalized within the communityAos structure of authority.
As such, resistance to Islamic law in this context should not be interpreted as theological rejection, but as a deliberative process of public reasoning aimed at preserving a legal system that is perceived as more just, functional, and contextually appropriate.
The implications of these findings suggest that implementing Islamic law in multicultural societies like the SAD requires an approach that is more inclusive, adaptive, and context-sensitive.
Islamic law cannot be imposed as a singular normative framework without taking into account deeply rooted local socio-cultural configurations.
These findings also reinforce the importance of recognizing customary law as a legitimate source in developing Islamic family law, particularly in legally plural communities.
Nevertheless, this study is limited by the number of informants and the geographical scope of its fieldwork.
Ayman Shabana.
AuCustom and Modern Constructions of Shara: Transnational Juristic Discussions on the Status of Urf,Ay Journal of Islamic Ethics 3, no.
1Ae2 (December 27, 2.
: 30Ae63.
137 Erie Hariyanto et al.
AuThe Resistance of Madurese Muslim Society to the Development of Non-Muslim Tourism Objects,Ay Jurnal Ilmiah Peuradeun 12, no.
1 (January 30, 2.
: 27Ae50.
138 See: Abdul Mutakabbir.
Hastuti Hastuti, and Mikdar Rusdi.
AuThe System of Inheritance Distribution in South Sulawesi,Ay Ijtihad: Jurnal Wacana Hukum Islam dan Kemanusiaan 23, no.
1 (June 22, 2.
: 57Ae76.
Masyithah Mardhatillah and Saoki.
AuWomen in the Madurese Translation of the QurAoan: Questioning Gender Equality in Family Legal Verses,Ay Jurnal Studi Ilmu-Ilmu Al-QurAoan dan Hadis 26, no.
1 (March 2, 2.
: 99Ae130.
139 Siti Mahmudah et al.
AuResistance to Religious Moderation in IndonesianAos Lower to Middle-Class Communities,Ay Jurnal Ilmiah Peuradeun 13, no.
2 (May 30, 2.
: 931Ae58.
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making its conclusions context-specific and not readily generalizable.
Future research should broaden its empirical base and explore the long-term interaction dynamics between Islamic and customary law, including the possibility of normative transformation over time.
Within this framework, resistance should not be viewed as the endpoint of Islamic lawAos application, but rather as part of an evolving process toward legal harmonization that is more just and attuned to the communityAos needs.
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