Al-Istinbath Jurnal Hukum Islam Vol.
No.
2, 2025, 831-852
P-ISSN: 2548-3374 .
, 25483382 .
http://journal.
id/index.
php/alistinbath Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia Yusmita1.
Iwan Romadhan Sitorus2, *Laras Shesa3.
Evy Septiana4.
Sri Lumatus SaAoadah5 UIN Fatmawati Sukarno Bengkulu.
Indonesia1,2 Institut Agama Islam Negeri (IAIN) Curup.
Indonesia,3 UIN Jurai Siwo Metro.
Indonesia4 UIN Kiai Haji Ahmad Siddiq Jember.
Indonesia5 Corresponding Author: shesalaras@gmail.
DOI: 10.
29240/jhi.
Received: 16/02/2025 Revised: 25/07/2025 Accepted: 27/10/2025 Cite this article: Yusmita.
Iwan Romadhan Sitorus.
Laras Shesa.
Evy Septiana.
Sri Lumatus SaAoadah .
Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia.
Approach.
Al-Istinbath : Jurnal Hukum Islam, 10 .
, 2025.
Doi : 10.
29240/jhi.
Abstract This study examines the dynamics of legal pluralism and the transformation of Islamic inheritance law within the indigenous Sasak community of Indonesia.
Its primary objective is to explore how the deeply entrenched patrilineal tradition, which privileges sons in the transmission of land and core family assets, interacts with the proportional distribution mandated by Islamic inheritance law .
arAAoi.
, a system that explicitly recognizes the rights of female heirs.
Employing a qualitative approach rooted in socio-legal empiricism, the research draws on in-depth interviews with customary leaders.
Sasak community members, and scholars of Islamic jurisprudence, complemented by documentary analysis of national legal instruments and classical fiqh literature.
Findings reveal that, although patrilineal practice remains predominant, a discernible shift in values is underway toward greater adherence to Islamic inheritance principles, particularly among younger generations and families with higher educational attainment.
Socio-economic change, modernization, and growing awareness of gender justice have collectively fuelled this transformation, even as resistance persists among traditional elders who regard patrilineal inheritance as an indispensable marker of cultural identity.
The study concludes that these developments exemplify the inherent dynamism of Islamic law through processes Copyright A 2025 Yusmita, et.
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.
International License 832 | Al-Istinbath: Jurnal Hukum Islam.
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of renewal .
and selective adaptation .
Achieving a just, gender-inclusive inheritance system with broad social legitimacy in the Indonesian context ultimately requires thoughtful harmonization among Islamic inheritance norms, local customary traditions, and the national legal framework.
Keywords: Legal pluralism.
Islamic inheritance law.
Sasak customary law, gender justice.
Indonesian legal reform Introduction Islamic inheritance law represents one of the most crucial domains within Islamic jurisprudence, as it governs the equitable distribution of a deceased personAos estate among rightful heirs.
The QurAoan provides detailed and proportionate regulations, including explicit entitlement for women to receive a defined share of inheritance.
Yet, in practice, the application of Islamic inheritance rules across Muslim communities frequently deviates from these normative prescriptions, particularly when confronted with deeply entrenched customary traditions.
1 A prominent illustration is found among the indigenous Sasak community of Lombok, who continue to adhere to a patrilineal inheritance system that accords primary rights over land and houses to male children, while daughters are often marginalised or granted only limited movable property.
This phenomenon has provoked considerable scholarly unease, revealing a persistent tension between the universal and egalitarian ideals of Islamic norms and the patriarchal values preserved in local customary practices.
Most earlier studies have remained largely descriptive, highlighting disparities between customary law and Islamic law without exploring in depth the processes through which Islamic inheritance law undergoes transformation within specific sociocultural settings.
This gap raises critical questions: Can Islamic inheritance law adapt to local realities without compromising its foundational principle of justice? How might discriminatory customary practices be reshaped through renewed interpretations of the sharia? To what extent can evolving values within Sasak society serve as a foundation for broader national legal reforms that are genuinely Such concerns acquire particular urgency in IndonesiaAos plural legal landscape, where Islamic law, customary law, and state law continually interact and occasionally clash.
Without rigorous investigation, dualism or even disharmony in inheritance matters will persist, to the detriment of those whose rights ought to be protected, especially women.
The present study therefore seeks 1 Khalil Ahmad and Muneer Kuttiyani Muhammad.
AuRevisiting Medinah Charter: Towards the Realization of Maqasid Al-Shariah for Contemporary Plural Societies,Ay International Journal of Islamic Thought 27: 2025, accessed November 20, 2025, https://doi.
org/10.
24035/ijit.
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to examine how Islamic inheritance law transforms when encountering Sasak customary practice through the concepts of tajdd .
and takhayyur .
elective adaptatio.
, and how these dynamics may contribute to the development of a more just and socially responsive national inheritance regime.
Previous scholarship has addressed the relationship between customary and Islamic inheritance practices in Indonesia.
Mansyur, for instance, demonstrated that Sasak customary inheritance remains strongly favours a patrilineal pattern, with men as the principal recipients of immovable property and women receiving only minor or symbolic portions.
2 This finding aligns closely with SyukurAos observation of the systemic marginalisation of women in inheritance distribution in Lombok, despite the proportionate shares guaranteed by the Compilation of Islamic Law.
Conversely.
Wahyu Aolia has illuminated an emerging shift in attitudes among younger generations of Sasak, who appear more receptive to Islamic inheritance rules, largely owing to increased education and growing gender 4 IreneAos research further reinforces this trend, showing that religious leaders play a pivotal mediating role by proposing compromise arrangements acceptable to both customary and Islamic stakeholders.
Although these studies usefully map the tensions between customary and Islamic law, they have generally remained at the level of describing inheritance Few have explicitly linked the phenomenon to the framework of legal pluralism or to the dynamic concepts within Islamic jurisprudence such as tajdd and takhayyur.
The present research therefore aims to fill this lacuna by focusing on the mechanisms of transformation of Islamic inheritance law within the Sasak indigenous community and by considering the implications for national legal reform in Indonesia.
The study adopts a qualitative approach employing an empiricalsociological method that privileges direct observation of inheritance practices among the Sasak.
Data were gathered through in-depth interviews with customary 2 Muhamad Mansyur et al.
AuPelaksanaan Pembagian Waris Menurut Hukum Adat Sasak Di Desa Semaya Kecamatan Sikur Kabupaten Lombok Timur,Ay Jurnal Education and A 7, no.
295Ae301, http://journal.
id/index.
php/ED/article/view/1133http://journal.
id/index.
hp/ED/article/download/1133/477.
3 Muhamad Syukur and Winning Son Ashari.
AuAnalisis Perbandingan Hak Waris Anak Perempuan Suku Sasak Antara Hukum Islam Dan Hukum Adat,Ay Rayah Al-Islam 8, no.
1198Ae1217, https://doi.
org/10.
37274/rais.
4 Wahyu Aolia.
Ketut Sudiatmaka, and Dewa Bagus Sanjaya.
AuKEDUDUKAN ANAK LAKI-LAKI DAN ANAK PEREMPUAN SUKU ( Studi Kasus Di Dusun Adat Sade Kabupaten Lombok Tengah )Ay 3 .
: 87Ae95.
5 Irene Septia Fada.
Achmad Tanthowi, and Dwi Noviani.
AuPengaruh Globalisasi Dan Modernisasi Hukum Waris Di Indonesia,Ay Student Research Journal 2, no.
: 82Ae92.
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leaders, community members, academics, and legal officials responsible for resolving inheritance disputes.
Documentary analysis was also conducted, encompassing classical and contemporary sources of Islamic law.
Sasak customary regulations, and relevant national legal instruments.
This combined methodology enables a nuanced understanding of how Islamic inheritance law evolves in practice, as well as how social, cultural, and economic factors either facilitate or impede change.
The collected material is analysed through descriptive-critical analysis in order to uncover the interplay between Islamic legal theory and the lived reality of Sasak customary inheritance.
Such an approach makes it possible to identify patterns of adaptation and resistance and to propose recommendations for a more inclusive national inheritance framework.
The research offers genuine novelty within Islamic legal discourse by investigating the transformation of inheritance law among the Sasak through the lens of legal pluralism.
Unlike earlier works that largely catalogue differences between customary and Islamic inheritance regimes, this study foregrounds the dynamics of value change, customary resistance, and Islamic legal adaptation within a particular socio-cultural milieu.
It underscores that Islamic law is not a static monolith but a living system capable of transformation through tajdd and takhayyur while remaining faithful to principles of justice and the higher objectives of the sharia .
aqAid al-sharAoa.
6 The originality thus lies in its integrative analysis that weaves together customary practice.
Islamic norms, and the national legal order into a single comprehensive inquiry.
The principal objectives of the study are threefold: .
to analyse the ways in which Islamic inheritance law transforms within a Sasak community still oriented toward patrilineal principles.
to trace the social, cultural, economic, and educational factors that either promote or obstruct such transformation.
to explore the implications of shifting inheritance values among the Sasak for a national reform agenda that is more gender-equitable, inclusive, and attuned to IndonesiaAos plural society.
Ultimately, the research aspires to deepen understanding of how Islamic law can engage local traditions through processes of legal renewal while offering both conceptual and practical contributions to the evolution of national inheritance law.
Academically, it seeks to enrich the literature on legal pluralism and the dynamism of Islamic law in the Indonesian context.
Practically, the findings are intended to serve as a resource for policymakers, legal practitioners, and community leaders in crafting strategies that harmonise Islamic law, 6 Mahroof Athambawa.
AuIjtihAd MaqAid and Legal Adaptation: A Comparative Analysis of Contemporary Islamic Jurisprudence in Responding to Emerging Issues,Ay Mazahibuna.
June 14, 2025, 89Ae103, https://doi.
org/10.
24252/MAZAHIBUNA.
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customary law, and state law, thereby establishing an inheritance system that is just, inclusive, and socially legitimate.
Discussion History and Origins of the Sasak People The Sasak have inhabited the island of Lombok for centuries.
Some accounts suggest their presence dates as far back as 4,000 BCE, making Lombok an inseparable part of their historical and cultural homeland.
Administratively, the island today comprises five regencies: West Lombok.
North Lombok.
East Lombok.
Central Lombok, and the municipal city of Mataram.
7 Of LombokAos roughly three million inhabitants, approximately eighty percent belong to the Sasak ethnic group.
The Sasak .
n Sasak script: ee e.
in Jawi:
A )OEO EAconstitute an indigenous Austronesian people who primarily reside on Lombok and speak the Sasak language as their mother tongue.
The vast majority of Sasak adhere to Islam.
A small minority, however, practise a distinctive syncretic form known as Islam Wetu Telu, which differs markedly from mainstream Sunni observance and accounts for roughly one percent of the community.
An even smaller segment still follows pre-Islamic Sasak beliefs referred to locally as Sasak Boda.
The name "Sasak" first appears in historical records through the Pujungan Inscription, an ancient epigraph discovered in Tabanan Regency.
Bali, which is believed to date back to the eleventh century.
10 The origin of the term Sasak is widely thought to derive from the word sak-sak, meaning a type of traditional canoe or small boat.
In the Negara kertagama book, a fourteenth-century Javanese kakawin composed by Mpu Prapanca, the word Sasak is explicitly linked to the 7 Juwita Widya QurAoani.
Moehammad Awaluddin, and Fauzi Janu Amarrohman.
AuAnalisis Batas Pengelolaan Wilayah Laut Antara Kabupaten Lombok Utara.
Lombok Barat.
Lombok Tengah.
Dan Lombok Timur,Ay Jurnal Geodesi Undip 8, no.
: 40Ae49.
8 Irma Setiawan.
AuRelasi Bahasa Sasak Dan Samawa: Studi Diakronis Pada Kekerabatan Bahasa Suatu Suku Bangsa Di Indonesia Irma,Ay Jurnal TUTUR 4, no.
: 1Ae26, https://web.
org/web/20180421074444id_/http://tutur.
org/index.
php/tutur/artic le/viewFile/74/71.
9 M Masnun.
AuResiprositas Dan Reditribusi Kekeramatan Situs Islam Di Pulau Lombok Dalam Perspektif Ekonomi SyariAoah,Ay Az ZarqaAo: Jurnal Hukum Bisnis Islam 9, no.
10 Dr.
Abdullah Muzakar Abdul Azizurrahman Roni.
MOSAIK BUDAYA SASAK (Lombok:
Universitas Hamzanwadi Yayasan Suluh Rinjani, https://eprints.
id/5315/1/MOSAIK BUDAYA SASAK.
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island of Lombok itself, appearing in the phrase Lombok Sasak Mirah Adhi, which underscores their inseparable association.
Within the oral traditions of the local community, however, the word Sasak is more commonly interpreted as originating from the expression saAo-saq, literally meaning "the one" or "that which is one.
" Meanwhile, the name Lombok is derived from the term lomboq, which carries the sense of "straight" or "honest.
" When combined, saAo saq lomboq thus conveys the evocative meaning of "something that is straight" or "that which is " Many community members and scholars alike further interpret this etymology metaphorically as "the straight path," a phrase that resonates deeply with notions of moral integrity, truthfulness, and righteous conduct in Sasak cultural worldview.
In Old Javanese (Kaw.
, the full epithet Lombok Mirah Sasak Adi can be rendered as AuLombok the precious gem of honest reality that is noble.
Ay11 Here, lombok means AustraightAy or Auhonest,Ay mirah AurubyAy or Auprecious stone,Ay Sasak AurealityAy or Autruth,Ay and adi AuexcellentAy or Ausupreme.
Ay Another compelling folk etymology connects the name to traditional weaving.
The Sasak are renowned for their intricate hand-woven textiles, and a girl was traditionally proved her maturity and readiness for marriage by mastering the loom.
The Sasak verb for weaving is sysyk, derived from the onomatopoeic sak-sak the sharp sound produced when the beater compresses the weft threads tightly together, one by one, until the cloth becomes dense and firm.
This rhythmic sak-sak, repeated only twice per beat, is said to have given the people their name.
Oral sources further relate that in ancient times Lombok was covered by impenetrable jungle.
According to one dictionary entry compiled by IndonesiaAos language development agency.
AusasakAy originally denoted bamboo or timber lashed together into a single raft, again emphasising unity and oneness.
The Nagara Kertagama book (Decawanan.
distinguishes western Lombok as Lombok Mirah and eastern Lombok as Sasak Adi.
12 From their earliest settlement, the Sasak people have spoken the Sasak language daily, a tongue closely related to the languages of the neighbouring Samawa (Sumbaw.
and Balinese peoples.
11 Muhammad Syarifudin.
AuResistensi Adat Sasak Dan Agama (Studi Tawaran Resolusi Konflik Dalam Perilaku Keagamaan Muslim Lombo.
,Ay Komunitas 12, no.
: 120Ae31, https://doi.
org/10.
20414/komunitas.
12 Ni Putu Sudewi Budhawati.
AuKonsep Ketuhanan Dalam Sistem Kepercayaan Masyarakat Bali Beragama Hindu Di Lombok,Ay Sophia Dharma: Jurnal Filsafat.
Agama Hindu.
Dan Masyarakat 4, no.
: 1Ae12, https://doi.
org/10.
53977/sd.
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Sasak customary culture is remarkably rich and distinctive, revealing clear influences from both Balinese and Malay worlds.
Balinese impact stems from the roughly two centuries of political domination by the Karangasem kingdom, while Malay elements arrived with early Islamic missionaries.
13 Balinese-derived traditions include the majestic Gendang Beleq drum ensemble, the gamelan tokol, the ritual Aurice warAy known as Perang Topat, and the poetic dialogue performances called Cakepung or Cepung.
Malay-influenced practices, by contrast, encompass the gambus lute music, the martial-arts-infused Rudat dance, and the melodious Cilokaq poetry recitation.
The customs of the Sasak people are vividly displayed during wedding ceremonies, encompassing a sequence of rituals that begin with the elopement of the bride and culminate in the festive procession known as nyongkolan.
14 Among the Sasak, when a young man .
wishes to marry a young woman .
, tradition dictates that the bride must first be spirited away to the groomAos family home in a practice called merariq or elopement.
The procedure is remarkably straightforward: the chosen dedare refrains from informing her parents of her intent to marry.
15 Instead, the groom and his companions discreetly take her to a temporary hiding place within the extended family of the terune.
Crucially, this act of AustealingAy the bride .
here the term implies her full consent and readiness for marriag.
is never undertaken alone.
The groom is accompanied by several relatives or close friends who serve both as witnesses and as part of the ceremonial Moreover, the bride cannot be brought directly to the groomAos residence.
she must first be entrusted to one of his relatives.
16 Marrying a dedare through the formal channel of seeking parental consent .
is undoubtedly considered more honourable than an unannounced elopement.
Nevertheless, the latter practice has become far less common in contemporary Sasak society.
The preference for merariq stems from a desire to circumvent potential obstacles, such 13 Agus Dedi Putrawan.
AuSistem Birokrasi Dan Kekuasaan Masyarakat Suku Sasak,Ay In Right: Jurnal Agama Dan Hak Azazi Manusia 15, no.
: 165Ae75.
14 Rapi Renda.
Sumaryadi, and Hanifa SaAodiyah.
Au Wedding Procession of Sasak Ethnic Group as Presented in the Cilokaq Text Titled Ao Ngiring Penganten Ao (The Bridal Parad.
: A Review Based on DiltheyAos Hermeneutics ,Ay Proceedings of the 4th International Conference on Arts and Arts Education (ICAAE Icaae .
1Ae7, https://doi.
org/10.
2991/assehr.
15 Ismi Putri and Muhammad Amin.
AuAn Analysis of Politeness Strategies and Pedagogical Values of Selabar in Marriage Procession of Sasak Culture,Ay Proceedings of the 3rd Annual Conference of Education and Social Sciences (ACCESS 2.
December 9, 2022, 314Ae20, https://doi.
org/10.
2991/978-2-494069-21-3_34.
16 Dr.
Abdullah Muzakar Abdul Azizurrahman Roni.
MOSAIK BUDAYA SASAK.
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as parental disapproval or financial constraints.
17 The redaq process typically entails significantly greater expenditure than an elopement without prior permission, making merariq a pragmatic choice for many families.
In the merariq process, once the bride has spent one night in hiding under the care of the groomAos relatives, the groomAos side dispatches a delegation to the brideAos family.
The purpose of this visit is to formally announce that their daughter has been AutakenAy and is now safely sheltered elsewhere, although the exact location of her concealment is deliberately kept secret from the brideAos family.
This notification ritual is locally known as nyelabar and must be performed by the groomAos relatives.
the groomAos parents themselves are strictly prohibited from 18 The nyelabar delegation consists of more than five members, all of whom are required to wear traditional attire .
Strict protocol governs their approach: they may not proceed directly to the brideAos family home.
Instead, they must first seek permission from the village customary leader (Kliang or local elde.
as a mark of respect.
Even after receiving approval, the delegation is not allowed to enter the brideAos house.
They are expected to sit cross-legged in the front yard, where a designated spokesperson from the group delivers the formal announcement on behalf of the entire party.
The System of Responsibilities and Rights of Family Members in the Inheritance Practices of the Sasak Ethnic Group in Sade Village.
Lombok When discussing the system of responsibilities and rights of family members within the inheritance framework of the Sasak people in Sade Village.
Central Lombok, one must begin with the prevailing kinship pattern embraced by the community.
The Sasak in Sade follow a firmly patrilineal system, clearly evident in the preferential treatment given to male descent lines.
Lineage is traced exclusively from father to son, and an individualAos family membership is determined by the fatherAos clan .
The clanAos name itself is transmitted only from father to male children.
Male children bear significantly greater rights and responsibilities within the family.
They are entitled to the lionAos share of inherited property, particularly ancestral land .
anah pusak.
In return, they assume lifelong responsibility as 17 Nova Apriliani et al.
AuBride Kidnapping as a Marriage Tradition: An Examination of NewcomersAo Perspectives on Merariq in Lombok Island,Ay Fikri : Jurnal Kajian Agama.
Sosial Dan Budaya 9, no.
: 239Ae58, https://doi.
org/10.
25217/jf.
18 M A B Bagas.
AuTreatment Penyuluh Agama Dalam Menyikapi Pernikahan Dini Semasa Pandemi Covid-19 Ditengah-Tengah Masyarakat Suku Sasak,Ay KONSELING: Jurnal Ilmiah Penelitian Dan A 3, no.
: 48Ae54, https://doi.
org/10.
31960/konseling.
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family heads, even after marriage.
The duty to protect and provide for the family simultaneously elevates them to the role of customary leaders within the Daughters, by contrast, primarily serve a supportive role in livelihood They inherit their motherAos personal belongings and acquire individual property of their own, yet their principal obligations revolve around assisting parents with domestic chores and preparing themselves for marriage and familybuilding.
Consequently, daughters are expected to uphold the familyAos honour with particular rigor.
The extended family, encompassing both nuclear and wider kin, plays a pivotal role in the daily life of the Sasak community in Sade.
Major family decisions are typically reached through deliberation among elder male customary A profound sense of solidarity and mutual assistance binds family members together.
For this reason, endogamous marriages within the same clan are generally prohibited, whereas exogamous marriages with partners from different clans are strongly encouraged.
Such practices aim to prevent consanguineous unions while broadening kinship networks.
Interviews with local figures reveal both continuity and emerging tension.
Haji Mahsun, a 65-year-old customary elder, emphasized that the patrilineal principle remains the cornerstone of inheritance: AuFrom time immemorial in this village, land and houses have only been passed down to sons.
Daughters remain part of the family, but once married they follow their husbands, so there is no reason for them to take ancestral land from their parents.
Ay Nuraini, a 48-year-old villager, echoed this view when recounting her own experience: AuWhen my father passed away, the rice fields and house went to my older brother.
I only received jewellery and woven cloths left by my mother.
That is already considered sufficient for women here.
Ay Yet a younger voice, that of 27-year-old Ahmad Fauzi, signals change: AuIf we look at Islamic law, women also have inheritance In my opinion, it is time for customary practice to adapt, especially since many women in this village now work and contribute significantly to family Ay These statements highlight an intergenerational value conflict between elders who staunchly defend tradition and younger members who increasingly advocate for a more equitable application of Islamic legal principles.
In Sade Village.
Central Lombok, the Sasak inheritance system exhibits several distinctive features, particularly regarding the types of property women may rightfully possess.
Women typically receive their motherAos personal effects, such as gold jewellery, cash, and family heirlooms like hand-woven textiles.
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also acquire gifts from their husbands, often gold, clothing, woven fabrics, or household utensils.
Additionally, women may accumulate personal wealth through trade, wages, or inheritances from relatives other than their parents.
certain cases, daughters can inherit specific assets from their natal family, including living quarters .
sually the inner or outer sections of the house reserved for wome.
, weaving equipment, and livestock such as goats or cattle.
The nature and extent of property allocated to women vary considerably across families, depending on customary consensus and individual household circumstances.
Oral traditions and customary law in Sade continue to be rigorously observed in matters of inheritance and ownership.
Eligibility criteria for heirs among the Sasak vary across regions, yet several general principles remain consistent, including in Sade Village.
Primary heirs are almost invariably male children.
Daughters do not automatically inherit, although exceptions exist.
Only legitimate offspring from marriages recognized by both custom and religion possess inheritance rights.
Children born outside wedlock are generally excluded, though certain exceptions apply.
An heir must be alive at the moment of the decedentAos death, and descendants of a predeceased heir may assume their ancestorAos position through the system of substitution.
Heirs are obliged to fulfil both customary and religious duties, such as conducting funeral ceremonies, preserving and maintaining inherited assets, and nurturing harmonious relations within the extended family.
Distribution of inheritance typically occurs through deliberation .
involving heirs and respected customary leaders, with the aim of reaching a consensus regarded as fair and consonant with local tradition.
In Sade Village.
Central Lombok, no fixed timeline governs inheritance division.
It generally takes place after the decedentAos passing, but the precise timing differs from case to case.
Distribution rarely occurs immediately following death.
Instead, a mourning period lasting several days or weeks is observed, during which the family devotes itself to funerary rites and Only after mourning concludes does the family begin preparing the deliberation to address inheritance matters.
Such deliberations are ordinarily attended by all heirs, customary authorities, and village elders.
Unilateral division of inheritance is strictly prohibited.
Collective agreement among heirs and customary leaders is mandatory, grounded firmly in Yusmita : Legal Pluralism andA.
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the prevailing traditions of Sade Village.
19 The more complex the estate, the longer the process tends to last, as thorough inventory, valuation, and equitable allocation to every eligible heir become necessary.
Family circumstances also influence timing.
For instance, if minor children are among the heirs, distribution may be postponed until they reach adulthood.
In Sade, inheritance division constitutes a profoundly sacred and meaningful process, carried out with deep reverence and a strong spirit of familial unity.
Notable differences exist between inheritance practices in Sade Village and those observed elsewhere among the Sasak, as illustrated in the following Other Regions The eldest son is not necessarily the primary heir.
Property may be divided equally among all sons or allocated according to individual capability and responsibility.
A motherAos personal belongings may be distributed to daughters before Inheritance may follow alternative frameworks, such as broader customary law or national statutory In certain areas, women may inherit ancestral land, depending on local In places like Semaya Village, women receive no share of their parentsAo Sade Village The eldest son is generally recognized as the primary heir.
A motherAos personal belongings are given to daughters only upon Inheritance is almost always settled through deliberation among heirs and customary Women have no claim to ancestral land .
anah pusak.
In Sade Village.
Central Lombok, women are entitled to jewellery, household furnishings, clothing, and hand-woven textiles from their parentsAo estate.
Fieldwork conducted in Sade Village revealed a rich spectrum of opinions regarding the prevailing inheritance system.
Among customary elders, the patrilineal framework enjoys unwavering support as an ancestral legacy.
Mr.
Lalu Sapar, a 70-year-old traditional leader, firmly asserted that change is neither desirable nor feasible: AuSince the time of our forebears, land and houses have 19 Hilman Syahrial Haq.
AuLegal Pluralism and Inheritance Rights: Resolving Conflicts Between Local Customs and National Law in Indonesia,Ay Kosmik Hukum 25, no.
1 (January 31, 2.
: 148Ae59, https://doi.
org/10.
30595/KOSMIKHUKUM.
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always passed to sons.
This is not merely about wealth.
it is about safeguarding lineage and ensuring the extended family remains anchored to its ancestral soil.
daughters received land, they would follow their husbands, and the property could end up in another familyAos hands.
Ay His words underscore the deep legitimacy that customary law continues to command in upholding patrilineal continuity.
In contrast, married women offered candid reflections drawn from personal experience.
Nuraini, a 48-year-old housewife, recalled: AuWhen my father died, only my older brother inherited the rice fields.
My younger sister and I received nothing but some woven cloths and a few pieces of jewellery.
At the time it felt normal because that is simply how things are done here, yet looking at it now, women clearly need a share too, especially when economic circumstances become difficult.
Ay Her narrative illuminates both the restrictive nature of womenAos inheritance rights under Sasak custom and an emerging awareness of contemporary livelihood pressures.
Younger voices displayed markedly greater critical engagement.
Ahmad Fauzi, a 27-year-old university graduate from the village, argued: AuCustom is undoubtedly important, but Islamic law is equally explicit in granting women inheritance rights.
It hardly seems fair that only men receive land when women today also contribute substantially to household finances.
I believe we should gradually shift our perspective to better align with religious teachings.
Ay Such statements signal a paradigm shift among youth who have been exposed to formal education and broader discourses on gender equity.
Religious figures, meanwhile, seek to bridge these divergent viewpoints.
Ustaz Rahman, aged 52, adopts a mediating stance: AuI fully understand that our custom is patrilineal, yet I am equally aware of Islamic regulations.
I often advise families to retain land for sons while ensuring daughters are not overlooked.
Their share might take the form of cash, agricultural proceeds, or other assets.
The crucial point is that everyone feels content and no one perceives injustice.
Ay This approach reflects a deliberate effort to foster coexistence between customary practice and Islamic jurisprudence without precipitating social discord.
Village officials tasked with resolving inheritance disputes bring a pragmatic dimension to the discussion.
Junaidi, the 45-year-old hamlet head of Sade, observed: AuWhen inheritance conflicts arise, families first approach the customary elders.
Only if consensus proves elusive do they come to me.
Lately we have noticed change.
some families now request distribution according to Yusmita : Legal Pluralism andA.
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Islamic law.
This poses challenges because custom and religious law do not always converge, yet we strive to find middle ground so that family unity remains intact.
Ay Several factors account for the observed variations in Sasak inheritance Even within the same ethnic group, each locality has evolved distinct customary norms shaped profoundly by its unique historical origins and settlement patterns.
External influences, particularly Islam and national legal frameworks, further contribute to ongoing transformation.
The Sasak inheritance system thus proves dynamic rather than static, capable of gradual evolution over While oral traditions and customary institutions surrounding inheritance warrant preservation and respect, tensions occasionally arise when national law intersects with local practice.
Balancing these competing normative orders remains an enduring challenge for the community.
Legal Pluralism and the Contestation of Norms in Sasak Inheritance Practices Legal pluralism remains an inescapable reality in Indonesia, a nation inhabited by communities with profoundly diverse cultural, religious, and traditional backgrounds.
In legal scholarship, pluralism is understood as the coexistence of multiple legal orders that interact, overlap, and occasionally clash within everyday social practice.
In the inheritance customs of the Sasak community in Sade Village.
Lombok, legal pluralism manifests through the simultaneous presence of three distinct systems: patrilineal customary law.
Islamic inheritance law based on the principle of farAAois, and state law as codified in the Compilation of Islamic Law.
20 Far from operating in isolation, these three frameworks continually intersect and shape actual inheritance practices on the At the level of custom, the Sasak people of Sade Village steadfastly uphold a patrilineal system that designates sons as both primary lineage bearers and legitimate recipients of core inherited assets, particularly land and houses.
This arrangement is widely regarded as essential for preserving the integrity of the extended family and ensuring that land ownership remains confined within a single male descent line.
Interviews with elders such as Mr.
Lalu Sapar, aged 70, reveal a deep-seated conviction that granting land to daughters risks its eventual transfer to another lineage upon marriage.
Customary law thus serves not merely 20 Diana Zuhroh.
AuKONSEP AHLI WARIS DAN AHLI WARIS PENGGANTI: Studi Putusan Hakim Pengadilan Agama,Ay Al-Ahkam, https://doi.
org/10.
21580/ahkam.
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to regulate property distribution but also to safeguard cultural identity and the long-term stability of social structures.
Islamic law, by contrast, introduces a markedly different distributive logic through the rules of farAAois.
Under this system, both sons and daughters possess unequivocal inheritance rights, albeit in a fixed ratio of two shares for males to one for females.
WomenAos entitlement in Islam is substantive rather than symbolic, firmly grounded in explicit QurAoanic verses.
Religious leaders in Sade, including Ustaz Rahman, aged 52, repeatedly emphasized during interviews that denying daughters their share contradicts fundamental Islamic principles.
Yet the adoption of Islamic law has not displaced custom wholesale.
instead, it has generated spaces for negotiation.
Religious figures frequently propose compromises whereby land continues to pass to sons, while daughters receive compensation through agricultural yields or alternative assets.
Such arrangements illustrate a process of selective adaptation .
, enabling Islamic law to retain its core commitment to justice while accommodating local social realities.
State law enters the picture through the KHI, which formally applies in religious courts and largely follows farAAois with certain modifications, thereby legitimizing daughtersAo claims in official legal proceedings.
Field observations, however, reveal that villagers rarely resort to courts.
Most prefer internal resolution through customary channels or mediation by religious leaders.
This pattern suggests that although state law enjoys formal authority, its practical efficacy hinges on grassroots acceptance and perceived social legitimacy.
The interplay among these systems produces a clear contestation of Customary law defends its cultural legitimacy by invoking collective harmony and identity preservation.
Islamic law asserts religious legitimacy rooted in sacred texts and universal justice.
22 State law, meanwhile, upholds formal legitimacy through nationally binding regulation.
The resulting tension creates a dynamic push-and-pull: custom tends toward resistance, while Islam and the state press for greater inclusivity.
Outcomes typically take the form of partial, contextspecific compromises rather than outright victory for any single order.
Younger generations introduce a fresh dimension to this contestation.
Exposed to formal education and broader gender-equality discourses, they 21 Shahwiqar Shahin.
AuThe Islamic Legal and Cultural Influences on BritainAos ShariAoa Councils,Ay Heythrop.
December 18, 2023.
22 Amalia Lathifah.
AuInterpretation of Verses on Women in Politics,Ay MILRev : Metro Islamic Law Review 2, no.
: 10Ae26, https://doi.
org/10.
32332/milrev.
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question patrilineal exclusivity and advocate stronger alignment with Islamic As Ahmad Fauzi, a 27-year-old villager, expressed it: AuIt simply is not fair for only men to inherit land when women today also provide for their families.
We need to start shifting our mindset to better reflect religious teachings.
Ay Such views signal the emergence of a new paradigm with potential to erode customary dominance over time.
Normative contestation is equally visible in daily practice.
Some families adhere strictly to custom, others attempt full compliance with farAAois, and many pursue hybrid solutions.
A daughter, for instance, might forgo land but receive monetary compensation from the sale of part of the estate.
These blended approaches reflect a transitional phase in which no single legal order achieves complete hegemony.
Within the theoretical framework of legal pluralism, scholars describe this phenomenon as interlegality: the creative intermingling of rules from different systems that gives rise to novel, locally grounded practices.
The implications of this contestation are far-reaching.
First, it demonstrates that customary law is not inherently rigid but capable of gradual accommodation under pressure from religious norms and changing social Second.
Islamic law proves remarkably adaptable through processes of renewal .
and selective application .
, remaining relevant within diverse cultural settings.
23 Third, despite its formal authority, state law continues to face acceptance challenges at the community level.
Together, these insights reinforce the understanding that legal pluralism is less about the mere coexistence of multiple systems and more about how communities actively navigate competing claims to construct locally meaningful conceptions of justice.
Thus, inheritance practices among the Sasak of Sade Village exemplify a vibrant and dynamic form of legal pluralism.
Custom.
Islam, and the state do not simply coexist.
they compete, negotiate, and compromise within the lived reality of inheritance distribution.
The ongoing contestation of norms reveals not only tensions between tradition and religious law but also fertile opportunities for the emergence of more equitable and contextually attuned practices.
For the development of national legal policy, the Sade experience offers a valuable lesson:
meaningful reform must engage seriously with sociocultural diversity and cannot be detached from the twin sources of legitimacy provided by custom and religion.
23 Fauzi.
AuAoUrf and Its Role in The Development of Fiqh: Comparative Study of Famliy Law Between Egypt and Indonesia,Ay El-Usrah 7, no.
: 346Ae71, https://doi.
org/10.
22373/ujhk.
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Transformation of Inheritance Values: From Patrilineal Tradition to Inclusive Islamic Principles The transformation of inheritance values among the Sasak community reveals a distinctive legal dynamic in which a centuries-old patrilineal tradition steadily engages with the more inclusive principles of Islamic law.
24 Customary practice has long positioned sons as the primary recipients of immovable assets such as land and houses, while daughters typically receive only movable property or symbolic items.
This pattern rests on the conviction that, upon marriage, a woman joins her husbandAos lineage, making any transfer of land to her a potential loss of family patrimony to another descent line.
Yet rising social awareness, womenAos growing economic contributions, and sustained religious outreach emphasizing equal inheritance rights have gradually reshaped local perspectives.
The fiqh maxim al-AoAdah muhakkamah .
ustom constitutes a valid source of la.
initially lent legitimacy to the Sasak patrilineal system, provided it did not contradict explicit scriptural commands.
Once customary practice produces clear injustice, particularly toward women, however, that maxim can no longer serve as absolute justification.
Here the complementary principle AulA sarar wa lA sirArAy .
o harm may be inflicted or reciprocate.
gains relevance, offering grounds to set aside harmful customary rules.
25 Consequently.
Sasak customary law loses its claim to unqualified preservation when it demonstrably infringes upon womenAos QurAoanically established inheritance rights.
In everyday practice, families increasingly strike compromises between custom and Islamic norms.
Some continue to allocate land exclusively to sons while sharing agricultural proceeds or other assets with daughters.
Others move toward full application of farAAois proportions.
26 Such adaptations align with the method of takhayyur, whereby communities selectively adopt rulings best suited to their social context.
The maxim al-uukm yadru maAoa Aoillatihi wujdan wa Aoadaman .
ruling revolves around its effective cause, whether present or absen.
further clarifies why shifting social realities, notably womenAos heightened economic 24 Syukur and Son Ashari.
AuAnalisis Perbandingan Hak Waris Anak Perempuan Suku Sasak Antara Hukum Islam Dan Hukum Adat.
Ay 25 Agus Hermanto.
AuAl-QawaAoid Al-Fiqhiyyah Dalil Dan Metode Penyelesaian MasalahMasalah Kekinian,Ay accessed February 6, 2025, https://penerbitlitnus.
id/product/al-qawaidal-fiqhiyyah-dalil-dan-metode-penyelesaian-masalah-masalah-kekinian-dr-agus-hermanto-m-h-i/.
26 Daniel R.
Meyer.
Maria Cancian, and Yiyu Chen.
AuWhy Are Child Support Orders Becoming Less Likely after Divorce?,Ay Https://Doi.
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301Ae34, https://doi.
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1086/681604.
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agency, provide legitimate grounds for adjusting inheritance practices toward greater equity.
This value shift also reflects active renewal .
spearheaded by local religious scholars.
Drawing upon the higher objectives of Islamic law .
aqAid alsyarAoa.
, especially uife al-mAl .
reservation of wealt.
and uife al-nasl .
reservation of progen.
, these leaders urge recognition of daughtersAo inheritance 28 They insist that the Sharia was revealed to establish substantive justice, not to perpetuate gender discrimination.
The principle al-masyaqqah tajlib al-taysr .
ardship begets facilit.
likewise supports practical solutions, such as substituting monetary compensation or movable assets for land, thereby averting disputes while safeguarding family harmony.
The role of the state, embodied in the Compilation of Islamic Law, remains significant.
Although villagers seldom resort to religious courts, the very existence of state-sanctioned law strengthens the normative case for womenAos From the perspective of fiqh siyasah, this aligns with the maxim taarruf alimAm Aoala al-raAoiyyah manun bi al-malauah: governmental authority must serve public welfare.
30 The state thus bears responsibility for ensuring that inheritance practices satisfy not only customary validity but also the substantive justice mandated by both Sharia and the national constitution.
The gradual transition from strict patriliny toward more inclusive Islamic inheritance principles carries profound implications.
31 First, it demonstrates that 27 Hendrianto Hendrianto and Hasan Bisri.
AuImplementation of QawaAoid Al-Fiqhiyyah Mazhab Hambali in Islamic Economic,Ay AL-FALAH : Journal of Islamic Economics 6, no.
61, https://doi.
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28 Saheed Abdullahi Busari et al.
AuMaqasid Al-Shariah-Based Strategies for Enhancing Digital Adoption Among B40 Muslim Entrepreneurs,Ay Journal of Islamic Finance 14, no.
(September 160Ae69, https://journals.
my/ibfjournal/index.
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29 Siti Nur Husna Abd Rahman et al.
AuKaedah Fiqhiyyah Dan Implikasinya Dalam Penentuan Hukum Hotel Halal Fiqhiyyah Principles and Their Implications in Determining the Legal Status of Halal Hotels,Ay Al-Basirah Journal 15, no.
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30 Ahmad Musadad et al.
AuAccelerating Halal Certification: Al-Siyasah SharAoiyyah Analysis of Local Government Strategies and Systemic Challenges for MaduraAos MSMEs,Ay Milkiyah:
Jurnal Hukum Ekonomi Syariah .
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31 Syed Hasnat Ahmad Shah Gillani.
Noor-Ul Shabbir, and Asmara Farzand.
AuLaws Regarding Family Inclusive of Marriage.
Dowry.
Custody.
Divorce.
Maintenanace and Inheritance,Ay Al-IDRAK:
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custom is not a static monolith but a living tradition capable of evolution when confronted with demands for justice and religious fidelity.
Second.
Islamic law reveals its enduring flexibility through processes of renewal and selective application, enabling it to resonate deeply with Sasak social realities.
Third, state law bolsters Islamic protections for women while paving the way for broader harmonization of national legal frameworks.
Ultimately, this transformation transcends mere technical adjustments in asset distribution.
it embodies an ongoing dialectical encounter among custom.
Sharia, and state authority.
Their convergence gives rise to inheritance practices that are markedly more humane, inclusive, and consonant with the higher objectives of Islamic law, particularly the principles of justice .
l-Aoad.
and public welfare .
l-malaua.
Conclusion This study reveals that inheritance practices among the indigenous Sasak community in Sade Village.
Lombok, remain firmly rooted in a patrilineal Sons continue to enjoy preferential access to core immovable assets, particularly land and houses, whereas daughters typically receive only limited portions in the form of jewellery or movable property.
Such arrangements reflect the enduring cultural legitimacy of customary law, widely regarded as both an emblem of collective identity and a mechanism for preserving the cohesion of the extended family across generations.
Nevertheless, broader social changes driven by rising education levels, modernization, heightened gender awareness, and the deepening influence of Islamic teachings are steadily fostering a transformation in prevailing inheritance values.
The findings highlight a striking plurality of perspectives within Sasak Elders steadfastly defend the patrilineal order as ancestral heritage.
Married women increasingly articulate feelings of inequity in existing distribution Younger, better-educated members adopt a more critical stance, insisting on the application of Islamic principles that unequivocally guarantee womenAos inheritance rights.
Religious leaders serve as mediators, proposing workable compromises between custom and Sharia.
Village officials, in turn, strive to balance competing normative claims in ways that prevent open social Together, these voices demonstrate that legal pluralism extends far beyond the mere parallel existence of three legal orders .
ustomary law.
Islamic law, and state la.
it constitutes a vibrant arena of negotiation, resistance, and creative adaptation.
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From the vantage point of Islamic jurisprudence, the shifts observed among the Sasak illustrate the inherent dynamism of Sharia through the twin processes of renewal .
and selective adaptation .
These mechanisms enable Islamic law to evolve while remaining firmly anchored in its foundational commitment to justice.
The ongoing transformation also carries significant implications for national legal reform, particularly in the domain of inheritance, by underscoring the need for frameworks that are responsive to sociocultural diversity, genuinely inclusive of womenAos rights, and grounded in robust social legitimacy.
Ultimately, this research affirms that meaningful harmonization among custom.
Sharia, and state law is not merely a pragmatic necessity but a vital pathway toward an Indonesian inheritance system that is equitable, contextually attuned, and fully aligned with the higher objectives of Islamic law .
aqAid al-syarAoa.
References