| Home

Overview


Original Research

THE PERSPECTIVE OF ISLAMIC LAW ON WOMEN'S RIGHTS IN THE DISTRIBUTION OF INHERITANCE IN SASAK ETHNIC CUSTOMS IN BANGGAI REGENCY, INDONESIA

MARZUKI MARZUKI 1, AHMAD SYAMSURIADI 2, and NURDIN NURDIN 3.

Vol 19, No 01 ( 2024 )   |  DOI: 10.5281/zenodo.10548880   |   Author Affiliation: Faculty of Islamic Law, Universitas Islam Negeri Datokarama Palu 1; Postgraduate Studies, Islamic Law, Universitas Islam Negeri Datokarama Palu 2; Postgraduate Studies, Education Management, Universitas Islam Negeri Datokarama Palu 3.   |   Licensing: CC 4.0   |   Pg no: 463-474   |   Published on: 17-01-2024

Abstract

This study discuss the perspective of Islamic law on women rights in distribution of inheritence in Sasak ethnic customs in Banggai regency, Indonesia. This study used quaitative approach with the data was collected through field observation, in-depth interview with local communities, and written document analysis. The findings of this research indicate that the rights of women in the inheritance distribution practices conducted by the indigenous Sasak community in the village of Mekar Jaya is referred to as "bebande" (carrying on the head). This term implies that female offspring are heirs entitled to inheritances. However, due to the community's custom of distributing inheritances through musyawarah (discussions), in some instances, daughters do not receive their rightful share of the inheritance. Our study also reveals that women often do not inherit due to the customary practice that they will be taken and live with their husbandsupon marriage. Sons, on the other hand, bear significant responsibilities, providing financial support to their families. As a result, women are financially supported by their husbands, and the inheritances allocated to them are relatively modest, contingent on the approval of female heirs. Despite these challenges, the underlying purpose of such practices is to maintain family harmony, particularly among the heirs.


Keywords

Islamic law, Wome Rights, Inheritance, Sasak Customs, Indonesia.