{"title":"ACCULTURATION OF TRADITIONAL AND ISLAMIC LAW IN THE PRACTICE OF INHERITANCE DISTRIBUTION OF THE MANDAILING TRIBE OF NORTH SUMATRA","authors":"Nurbaiti Saniah, A. Bastomi","doi":"10.35719/fenomena.v21i2.134","DOIUrl":null,"url":null,"abstract":"Acculturation of al-adat and Islamic law is a means to determine the extent to which Islamic law and local custom come into contact with the life practices of the Mandailing Tribe community of Islam without any contradictions. This research is empirical research with descriptive analysis. Research data were collected using observation and interview methods, then analyzed using content analysis methods. The results of this study indicate a synergism of the Mandailing tribal community, which adheres to a patrilineal kinship system to carry out Islamic law in parallel and local customs. The practice of sharing inheritance in the Mandailing tribal community is carried out traditionally by containing Islamic values. This practice is a realization of the philosophy of the Mandailing tribal community as \"Ombar do adat dot ugama\" and \"The Customary Country of Obedience to Worship\" as a forum to unite the Islamic legal and the customary law system. The acculturation of Islamic law and customary law in sharing inheritance in the Mandailing community shows that Islamic law can be dialogued with the customs that live in the community while still realizing the values of justice and benefit. Inheritance practice that dialogues Islamic law and the customary law of the Mandailing tribe in the inheritance distribution process, making daughters as heirs, presenting religious and traditional leaders during the inheritance distribution process, while maintaining undivided assets in the form of heirloom houses and objects for the son (youngest).","PeriodicalId":30973,"journal":{"name":"Fenomena","volume":"39 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Fenomena","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.35719/fenomena.v21i2.134","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Acculturation of al-adat and Islamic law is a means to determine the extent to which Islamic law and local custom come into contact with the life practices of the Mandailing Tribe community of Islam without any contradictions. This research is empirical research with descriptive analysis. Research data were collected using observation and interview methods, then analyzed using content analysis methods. The results of this study indicate a synergism of the Mandailing tribal community, which adheres to a patrilineal kinship system to carry out Islamic law in parallel and local customs. The practice of sharing inheritance in the Mandailing tribal community is carried out traditionally by containing Islamic values. This practice is a realization of the philosophy of the Mandailing tribal community as "Ombar do adat dot ugama" and "The Customary Country of Obedience to Worship" as a forum to unite the Islamic legal and the customary law system. The acculturation of Islamic law and customary law in sharing inheritance in the Mandailing community shows that Islamic law can be dialogued with the customs that live in the community while still realizing the values of justice and benefit. Inheritance practice that dialogues Islamic law and the customary law of the Mandailing tribe in the inheritance distribution process, making daughters as heirs, presenting religious and traditional leaders during the inheritance distribution process, while maintaining undivided assets in the form of heirloom houses and objects for the son (youngest).
伊斯兰教法和伊斯兰教法的文化化是确定伊斯兰教法和地方习俗在多大程度上与伊斯兰教曼代陵部落社区的生活实践相接触而不产生矛盾的一种手段。本研究采用描述性分析的实证研究方法。采用观察法和访谈法收集研究资料,采用内容分析法进行分析。研究结果表明,曼达陵部落社群在遵循父系亲属制度的前提下,对伊斯兰教法的并行执行与当地习俗具有协同作用。在曼达陵部落社区中,分享遗产的做法传统上是通过包含伊斯兰价值观来进行的。这种做法是实现曼达林部落社区作为“Ombar do adat dot ugama”和“服从崇拜的习惯国家”作为统一伊斯兰法律和习惯法体系的论坛的哲学。伊斯兰教法与习惯法在曼代林社区共同传承中的文化化表明,伊斯兰教法可以与社区生活的习俗对话,同时仍能实现正义与利益的价值。在遗产分配过程中对话伊斯兰教法和曼达林部落习惯法的继承实践,让女儿作为继承人,在遗产分配过程中出现宗教和传统领袖,同时以传家宝房屋和物品的形式为儿子(最小)保留未分割的财产。