Primordialism in the Distribution of Javanese Customary Inheritance from the Perspective of Islamic Law

Abstrak

Law is an abstract concept, even though the facts on the ground are concrete. Therefore, the definition of law has been explained by many scholars based on the development of the times, which makes the nature of law constantly evolving. This is evident in inheritance law; in Indonesia, there are still many regions that use a primordial inheritance division system. As a result, special legal foundations are sometimes needed to minimize the possibility of errors that may arise from the traditional inheritance system in Indonesia.The purpose of this research is to examine the pattern of primordial inheritance division among indigenous communities in Indonesia, using field data from Lambur Village in Kandangserang District, where the majority of the population are Muslims who apply a primordial system in inheritance distribution, aiming to uphold comprehensive justice. This research shows that from the perspective of Islamic legal hierarchy, traditional inheritance practices are permissible based on the principle of maslahah (public interest) or al-qiyam al-asasiyah (fundamental values). The clearly defined principles of Islamic inheritance law must be considered in light of the socio-historical context of the time. Thus, the focus is not on how large a share one receives, but rather on achieving proportional justice. This reasoning aligns with the function of Islamic inheritance, which is to uphold justice for all parties involved by maximizing benefits (maslahah) and minimizing potential harm (mafsadah).